5O     CENTS. 


THE 

PONG  A    CHIEFS. 


AN  INDIAN'S  ATTEMPT  TO  APPEAL  FROM  THE 
TOMAHAWK  TO  THE  COURTS, 

WITH    SOME    SUGGESTIONS  TOWARDS    A    SOLUTION    OF 
THE    INDIAN    QUESTION. 

IB  3T     Z  Y  !_,  3T  IF1  IF. 


WITH    AN    INTRODUCTION 

BY    INSHTATHEAMBA     (BRIGHT    EYE£.) 

AND    DEDICATION 

BY  .WENDELL    PHILLIPS. 


BOSTON: 

LOCKWOOD,     BROOKS,     AND      COMPANY. 
1879. 


FANEUIL  HALL  RESOLUTIONS. 


At  a  largely  attended  meeting  held  in  Faneuil  Hall,  Dec.  2, 
1879,  over  which  His  Honor,  Mayor  Prince,  presided,  the 
following  preamble  and  resolutions,  written  by  Mr.  W.  H. 


Whereas,  Great  and  inexcusable  wrongs  have  been  com 
mitted  by  the  National  Government  and  its  agents  upon  peace 
ful  tribes  of  Indians,  in  removing  them,  against  their  will  and 
consent,  from  the  lands  they  occupied  to  a  sickly  and  malari 
ous  climate ;  and  whereas,  the  petitions  and  remonstrances  of 
the  chiefs  of  these  tribes  have  been  totally  disregarded ;  and 
whereas,  this  action  on  the  part  of  the  government  has  pro 
duced  great  distress  and  suffering  and  death  among  these 
tribes,  and  has  led  to  wars  in  which  both  white  people  and  the 
Indians  have  suffered  severe  losses ;  and  whereas,  the  Indians 
have  been  denied  the  protection  of  law  in  the  assertion  of 
their  just  rights  and  privileges,  —  it  is  hereby 

Resolved,  That  in  the  case  of  the  Poncas  we  recognize  the 
insufficiency  of  the  treaties  and  promises  of  the  government 
to  protect  them,-  and  therefore  the  necessity  of  placing  them 
under  the  protection  of  our  laws. 

Resolved,  That  the  present  system  of  agencies  and  trader- 
ships,  placing  the  authority  in  the  hands  of  one  man,  and  com 
pelling  the  Indians  to  sell  the  products  of  their  labor  to  him, 
and  to  buy  all  their  necessary  supplies  from  him,  is  detri 
mental  to  the  welfare  of  the  Indians,  discouraging  to  honest 
labor,  and  corrupting  in  its  tendencies  to  the  government. 

Resolved,  That  the  only  solution  of  the  Indian  problem  is  to 
recognize  the  Indian  as  a  fellow-citizen,  and  to  accord  to  him 
the  rights  that  are  declared  by  the  fourteenth  amendment  to  the 
Constitution  of  the  United  States. 

Resolved,  That  while  we  heartily  commend  the  Indian  policy 
suggested  by  the  Secretary  of  the  Interior  to  educate  the  In 
dians,  to  convey  to  them  in  fee,  individually,  titles  to  their 
farms,  and  thereafter  to  treat  them  like  other  inhabitants  of  the 
United  States  under  the  laws  of  the  land,  we  earnestly  urge 
and  declare  that  immediate  measures  should  be  taken  to  secure 
to  them  their  legal  rights  and  due  protection  and  compensation 
under  the  law ;  and  especially  to  restore  to  the  Poncas  their 
former  homes  and  property  as  indemnification  for  the  wrong 
which  the  Secretary  of  the  Interior  says  has  been  done  them. 


STANDING  BEAR  AND  HIS  FAMILY, 


1.    Ta-du-mon-ie.       2.    Ma-chii-nah-zhe.         3.    Ma-he-du-ba.  4.     Sust 

(Walk-in-the-wind.)        (Standing  Bear.)  (Sunshine.)         Standing  Bet 

Orphan  grand-son  of  Standing  Bear.  Only  living  child  of  Standing  Bear. 


te.  5.    Vo-zh6n-ga-du-ba. 

's  wife.       (Light  of  the  way.) 
Orphan  neice  of  Standing  Bear. 


THE  PONCA  CHIEFS. 


AN  INDIAN'S  ATTEMPT    TO  APPEAL 

FROM  THE  TOM  AH  A  WK  TO  THE 

COURTS. 


A  FULL  HISTORY  OF  THE  ROBBERY  OF  THE  PONCA 

TRIBE  OF  INDIANS,  WITH  ALL  THE  PAPERS  FILED 

AND  EVIDENCE  TAKEN  IN  THE  STANDING  BEAR 

HABEAS  CORPUS  CASE,  AND  FULL  TEXT  OF 

JUDGE  DUNDY'S  CELEBRATED  DECISION, 

WITH  SOME  SUGGESTIONS  TOWARDS  A 

SOLUTION  OF  THE  INDIAN  QUESTION. 


BY     Z  Y  L  Y  F  F, 

WITH  AN  INTRODUCTION  BY 

INSHTATHEAMBA  (Bright  Eyes), 

AND  DEDICATION  BY 

WENDELL    PHILLIPS. 


BOSTON: 
LOCKWOOD,  BROOKS  &  CO. 

1880. 


Copyright,  1879. 
By  LOCKWOOD,  BROOKS  &  CO. 


7/623 

Bancroft  Library 


TO 

THE  PEOPLE  OF  THE  UNITED  STATES, 

Those  who  love  liberty  and  intend  that  their  Gov 
ernment  shall  protect  every  man  on  its  soil  and  ex- 
ecute  justice  between  man  and  man, 

THIS  NARRATIVE, 
With  an  Introduction,  written  by  an  Indian  Girl, 

of  the  wrongs  suffered  at  the  hands  of  the  Government 
by  the  Ponoas,  in  consequence  of  which  one-third  of 
the  tribe  died  within  the  last  eighteen  months,  and 
the  rest  have  endured  and  still  endure  cruel  and  wast 
ing  oppression, 

18  RESPECTFULLY  DEDICATED, 

as  a  fair  specimen  of  the  system  of  injustice,  oppres 
sion,  and  robbery  which  the  Government  calls  "its 
Indian  Policy;"  which  has  covered  it  with  disgrace  as 
incompetent,  cruel,  faithless,  never  keeping  its  treaties, 
and  systematically  and  shamelessly  violating  its  most 
solemn  promises;  has  earned  the  contempt  and  detesta 
tion  of  all  honest  men  and  the  distrust  and  hate  of  the 
Indian  tribes.  WETOELL  PHJLLIFS. 


CONTENTS. 


CHAPTER 


PAGB 


DEDICATION,       ......    iii 

INTRODUCTION,    ......      v 

I.    STANDING  BEAR'S  FIRST  ENCOUNTER  WITH 

THE  INDIAN  RING,   .....      1 

II.    STANDING  BEAR  FINDS  A  FRIEND  IN  THE 

EDITOR  OF  A  WESTERN  PAPER,      .        .    17 

III.  A  FLANK  MOVEMENT  ON  THE  INDIAN  RING,    37 

IV.  MR.  HAYT'S  ASSAULT  ON  STANDING  BEAR, 

AND  THE  RJEPLY  THE  OLD   CHIEF  MADE,      53 

V.    THE  OMAHAS  COME  TO  STANDING  BEAR'S 

Am,          .......    62 

VI.    THE  OMAHAS  FRIGHTENED  AT  THE  CLAIMS 

OF  THE  COMMISSIONER,    .        .        •        .67 
VII.    STANDING  BEAR'S  RELIGION—  WHAT  ARMY 

OFFICERS  THINK  OF  HIM,         .        .        .71 
VIII.     STANDING  BEAR'S  APPEAL  TO  THE  COURTS,    77 
IX.    WHAT  THE  ATTORNEYS  HAD  TO  SAY  TO  THE 

COURT,     .......  103 

X.    STANDING  BEAR  RELEASED—  DECISION  OF 

JUDGE  ELMER  S.  DUNDY,        .        .        .106 
XL    THE     ORDER    OF    RELEASE  —  STANDING 

BEAR'S  FAREWELL  ADDRESSES,     .        .  128 
APPENDIX,  .......  135 


INTRODUCTION. 


THIS  little  book  is  only  a  simple  narration  of 
facts  concerning  some  of  my  people.  Many  of 
the  transactions  recorded  in  it  came  under  my 
own  observation,  my  uncle,  White  Swan,  being 
one  of  the  chiefs  who  underwent  so  much  suf 
fering  after  being  left  in  the  Indian  Territory. 

Wrongs  more  terrible  than  those  related  here 
have  been  practised  on  others  of  my  people,  but 
they  have  had  no  writer  to  make  them  known. 

I  wish  for  the  sake  of  my  race,  that  I  could 
introduce  this  little  book  into  every  home  in 
the  land,  because  in  these  homes  lies  the  power 
to  remedy  the  evil  shown  forth  in  these  pages. 
The  people  are  the  power  which  move  the  mag 
istrates  who  administer  the  laws. 

It  is  a  little  thing,  a  simple  thing,  which  my 
people  ask  of  a  nation  whose  watchword  is  lib 
erty  ;  but  it  is  endless  in  its  consequences.  They 
ask  for  their  liberty,  and  law  is  liberty.  "  We 
did  not  know  of  these  wrongs,"  say  the  magis 
trates.  Is  not  that  only  the  cry  of  "  Am  I  my 
brother's  keeper?"  For  years  the  petitions  of 

vii 


INTRODUCTION.  viii 

my  people  have  gone  up  unnoticed,  unheeded  by 
all  but  their  Creator,  and  now  at  last  a  man  of 
your  race  has  arisen,  who  has  sho  vm  faith  enough 
in  humanity  to  arouse  the  nation  from  the  sin  of 
its  indifference.  Thank  God,  it  was  only  indiffer- 
ence,  and  not  hatred,  which  withheld  from  an 
oppressed  and  unfortunate  race,  justice  and 
mercy. 

May  those  who  read  this  story,  when  they 
think  of  the  countless  happy  homes  which 
cover  this  continent,  give  help  to  a  homeless 
race,  who  have  no  spot  on  earth  they  can  call 
their  own. 

INSHTATHEAMBA  (Bright  Eyes). 


THE  PONCA  CHIEFS. 


CHAPTER  I. 

STANDING  BEAR'S  FIKST  ENCOUNTER  WITH  THE 

INDIAN    KING. 

Ix  the  autumn  of  1876,  the  Indians  on  the 
Ponca  reservation  in  Southern  Dakota  were  at 
work  on  their  farms  as  usual.  It  was  as  peace 
ful  and  happy  a  community  as  could  be  found 
anvwhere.  Most  of  their  children  were  attend 
ing  school,  and  their  church  was  in  a  flourishing 
condition.  How  these  people  were  robbed  of 
their  wealth  and  a  large  portion  of  them  sent 
to  their  graves,  through  the  tools  of  the  Indian 
Ring,  it  is  the  object  of  these  pages  to  relate. 

One  Sunday  the  Indians  went  to  their  church 
as  usual,  to  hear  the  words  of  the  minister,  but 
some  of  the  words  which  he  said  that  tribe 
will  never  forget.  He  told  them  that  he  had 
heard  that  they  were  to  be  driven  from  their 

1 


2  THE  PONCA  CHIEFS. 

homes  and  sent  far  to  the  south,  never  to  come 
back  again.  He  said  he  was  exceedingly  sorry 
for  them,  as  they  had  been  honest,  industrious, 
frugal,  hard-working,  and  had  just  gotten 
themselves  nice  houses  and  farms.  He  did  not 
know  that  he  could  help  them.  He  could  only 
pity  them.  Under  all  circumstances  he  advised 
them  to  do  that  which  was  right,  and  trust  in 
God,  that  in  the  end  he  would  protect  them 
from  their  oppressors. 

Consternation  seized  upon  the  whole  commun 
ity.  Runners  were  dispatched,  and  in  a  few 
hours  afterwards  every  member  of  the  Ponca 
tribe  had  heard  the  news.  The  one  universal 
sentiment  was:  "  We  will  not  leave  the  home 
of  our  fathers  to  go  to  a  strange  land,  never  to 
return." 

The  chiefs  and  head  men  came  together  and 
questioned  the  minister,  but  he  knew  nothing 
more  than  he  had  already  told.  Somebody  had 
ordered  them  to  be  taken  to  the  Indian  Territory. 

Soon  after  a  great  council  was  called,  and 
some  men  purporting  to  come  from  Wash 
ington  appeared,  and  said  an  order  had  been 
issued  to  take  the  tribe  to  the  Indian  Territory. 
Standing  Bear,  White  Eagle  and  other  chiefs 
absolutely  refused  to  go.  Standing  Bear  said: 

"  This  land  is  ours,  we  have  never  sold  it.   "We  have 


STANDING  BEAR  AND  THE  INDIAN  RING.  3 

our  houses  and  our  homes  here.  Our  fathers  and 
some  of  our  children  are  buried  here.  Here  we  wish 
to  live  and  die.  We  have  harmed  no  man.  We  have 
kept  our  treaty.  We  have  learned  to  work.  We  can 
make  a  good  living  here.  We  do  not  wish  to  sell  our 
land,  and  we  think  no  man  has  a  right  to  take  it  from 
us.  Here  we  will  live,  and  here  we  will  die." 

Then  these  men  told  them  that  the  Indian 
Territory  was  a  much  better  country.  That 
they  could  raise  much  more  grain  and  not  work 
near  so  hard.  That  if  they  once  saw  it  they 
would  not  want  to  stay  in  Dakota,  and  many 
other  things  of  like  nature.  Finalty,  they  pro 
posed  that  the  chiefs  should  go  down  to  the 
Indian  Territory  and  look  at  the  country. 
Then,  if  they  did  not  like  it,  and  did  not  wish 
to  go,  they  might  stay  where  they  were. 
They  told  them  that  if  they  went  down  there, 
the  Great  Father  would  buy  their  land  in 
Dakota  and  pay  them  for  it,  and  give  them 
all  the  land  they  needed  in  the  Indian  Terri 
tory.  If  they  would  just  go  down  and  look  at 
the  country  all  the  trouble  would  be  ended. 
They  could  sell  their  land  then  or  not,  just  as 
they  pleased.  After  further  consultation  it 
was  agreed  that  ten  of  the  leading  men  should 
go  down  there  and  look  at  the  country. 

These  men  took  them  to  the  territory. 
They  showed  them  a  portion  of  country,  and 


THE  PONCA  CHIEFS. 


wanted  to  know  what  they  thought  of  it.  The 
chiefs  replied  they  did  not  like  it  at  all.  They 
did  not  think  it  was  as  good  as  where  they 
were  located  in  Dakota.  Standing  Bear's 
account  of  what  occurred  at  this  time  is  as 
follows: 

"  These  men  then  talked  entirely  different  from  what 
they  did  in  Dakota.  They  said,  you  shall  trade  your 
land  in  Dakota  for  land  here.  You  can  go  out  there 
and  choose  what  you  want,  but  you  shall  trade.  Your 
tribe  will  be  brought  down  here,  and  you  may  as  well 
choose  your  land  now.  I  told  them  that  we  could  not 
come.  I  had  seen  that  a  great  many  people  down 
there  were  sick.  The  land  they  showed  us  was  stony, 
and  I  did  not  believe  we  could  make  a  living  on  it.  I 
was  afraid  my  people  would  get  sick  and  die.  We 
could  not  come  there. 

"Then  the  men  grew  very  angry,  and  said  if  we  did 
not  agree  to  come  they  would  go  off  and  leave  us  there 
to  starve.  They  would  not  take  us  back  home.  We 
said  it  would  be  better  for  ten  of  us  to  die  than  that  the 
whole  tribe,  all  the  women  and  little  children,  should 
be  brought  there  to  die,  and  die  we  all  would,  right 
there,  rather  than  do  what  they  asked. 

"  Then  they  went  off  and  said  we  might  stay  there  and 
die.  They  would  not  take  us  back.  I  sent  the  interpreter 
to  them,  and  told  them  that  they  had  brought  us  far  from 
our  own  country  on  the  cars,  and  if  they  would  not 
take  us  back  they  should  at  least  give  us  some  money 
to  pay  our  way.  They  said  they  would  not  give  me 
one  cent  of  money.  They  had  said  they  would 
take  us  from  the  Indian  Territory  to  see  the  Great 


STANDING  BEAR  AND  f  HE  INDIAN  RING.  5 

Father.  I  sent  and  asked  if  they  would  take  us  to 
Washington,  and  told  them  if  they  would,  and  the 
Great  Father  said  we  must  come  to  the  Indian  Terri 
tory,  then,  I  supposed,  we  must  come.  They  replied 
that  the  Great  Father  had  nothing  to  do  with  the  matter. 
They  would  not  take  us  anywhere.  We  could  stay  there 
and  die.  I  sent  again,  and  told  them  if  they  would  not 
take  us"  back,  nor  give  us  any  money,  to  give  us  a 
paper  that  we  could  show  to  white  men  and  tell  who 
we  were,  so  they  would  not  think  we  were  hostile  or 
intended  to  steal  from  them.  They  replied  they  would 
give  us  nothing,  not  even  a  paper. 

"Now,  there  were  two  very  old  men  with  us,  who 
could  not  travel  on  foot  at  all.  I  sent  to  them  and  told 
them  we  would  walk  back,  but  that  these  two  old  men 
could  not  walk  and  they  must  care  for  them.  We  could 
not  carry  them  on  our  backs,  and  they  must  take  them, 
and  I  sent  the  old  men  to  them,  and  told  them  to  stay 
with  them.  They  took  these  two  old  men  and  went 
off  and  left  us. 

"  None  of  us  had  a  cent  of  money,  and  we  had  no  in 
terpreter,  so  we  could  not  speak  a  word  to  any  man. 
The  next  morning  we  started  on  our  long  journey.  It 
was  in  the  winter.  White  men  were  suspicious  of  us. 
They  thought  we  were  vagabond  Indians,  who  will  travel 
round  to  beg  and  won't  work.  Very  few  of  them  would 
give  us  anything.  Every  day  we  travelled  on  we  grew 
weaker,  and  had  to  go  slower.  We  got  a  few  pieces  of 
bread.  What  we  lived  on  was  corn.  We  would  take  it  and 
pound  it  between  stones.  We  slept  out  on  the  prairie 
without  shelter.  A  few  times  we  foiled  haystacks  to 
sleep  in.  It  took  us  just  fifty  days  to  reach  the  Otoe 
Agency  in  Southern  Nebraska.  The  last  few  days  we 


6  THE  PONCA  CHIEFS. 

were  very  weak,  and  could  walk  only  a  few  miles. 
When  we  got  there,  we  found  that  these  men  had  sent 
word  to  the  Agent  there  to  have  nothing  to  do  with 
us;  that  we  were  bad  Indians,  and  if  we  came  there 
we  should  be  driven  off.  But  when  the  Agent  saw 
how  nearly  starved  we  were,  and  looked  at  our  bleed 
ing  feet,  for  our  moccasins  wore  out  the  first  ten  days, 
he  took  pity  on  us,  and  first  gave  us  something  to  eat, 
and  then  asked  us  what  bad  things  we  had  been  doing. 
When  we  told  him  what  had  happened,  he  was  much 
astonished,  and  said  he  would  write  a  letter  to  Wash 
ington,  and  tell  all  how  we  had  been  treated. 

"The  Otoes  gave  us  horses  and  provisions,  and  we 
made  the  journey  to  the  Omaha  Agency  in  five  days. 
We  looked  so  bad  when  we  got  there  that  everybody 
w&s  sorry  for  us.  From  there  we  sent  a  telegram  to 
the  President.  The  other  seven  who  were  with  me 
went  on  up  to  the  reservation  on  horseback,  and  Mr. 
Hamilton,  the  missionary  to  the  Omahas,  sent  John 
Springer,  an  educated  Omaha,  with  me  to  Sioux  City  to 
send  the  telegram.  We  stopped  at  the  first  station  at 
which  we  reached  the  railroad,  and  sent  the  telegram. 
It  cost  $6.25.  We  asked  the  operator  who  sent  it  if 
anybody  would  stop  it  before  it  got  to  Washington, 
and  he  said,  'No,  if  they  did,  they  would  be  put  out 
of  their  place.' 

"John  Springer  went  on  with  me  to  Sioux  City,  and 
we  went  to  see  the  editor  of  the  paper  there  (Sioux 
City  Journal).  We  told  him  all  about  it,  and  he  printed 
it  in  his  paper.  Springer  gave  me  some  money  there, 
and  left  me,  anjd  I  went  on  the  cars  up  to  Yankton. 
The  men  who  took  us  to  the  Territory  had  returned  and 
were  there.  A  white  man,  whom  I  did  not  know,  came 


STANDING  BEAR  AND  THE  INDIAN  RING.  7 

to  me  there,  and  said  he  had  heard  about  our  troubles. 
He  said  these  men  who  were  there  were  scoundrels. 
He  knew  every  one  of  them.  They  were  very  bad 
men  who  got  rich  by  swindling  the  Indians.  He  said 
he  knew  that  we  had  never  sold  our  land,  or  signed  a 
treaty  to  go  away,  and  the  best  thing  for  me  was  to  go 
back  to  my  farm,  go  to  work,  and  pay  no  attention  to 
what  these  men  said,  or  what  orders  they  gave,  until 
some  man  came  who  had  papers  signed  by  the  Presi 
dent.  He  said  if  these  men  had  land,  and  another  man 
should  come  and  order  them  to  leave  it,  they  would 
knock  him  down,  and  that  was  the  way  they  ought  to 
be  served ! 

"  I  went  back  to  the  Ponca  Agency  and  these  same 
men  came  there.  They  wanted  to  talk  again.  I  said : 
'  What  are  you  here  for?  What  business  have 
you  to  come  here  at  all.  I  never  sent  for  you.  I  don't 
want  anything  to  do  with  you.  You  are  all  liars.  You 
are  all  bad  men.  You  have  no  authority  from  the 
Great  Father.  You  came  out  here  to  cheat  and  steal. 
You  can  read  and  write,  and  I  can't,  and  you  think 
you  know  everything  and  I  know  nothing.  If  some 
man  should  take  you  a  thousand  miles  from  home, 
as  you  did  me,  and  leave  you  in  a  strange  country  with 
out  one  cent  of  money,  where  you  did  not  know  the 
language  and  could  not  speak  a  word,  you  would  never 
have  got  home  in  the  world.  You  don't  know 
enough.  I  want  you  to  go  off  of  this  reservation.  You 
have  no  business  here,  and  don't  come  back  until  you 
bring  a  letter  from  the  Great  Father.  Then  if  you  want 
to  buy  my  land,  bring  the  money  with  you  so  I  can  see  it. 
If  I  want  to  sell  I  will  talk  to  you.  If  I  don't 
I  won't.  This  is  my  land.  The  Great  Father  did 


g  THE  PONCA  CHIEFS. 

not  give  it  to  me.  My  people  were  here  and  ownefl 
this  land  before  there  was  any  Great  Father.  Wo 
sold  him  some  land,  but  we  never  sold  this.  This  ia 
mine.  God  gave  it  to  me.  When  I  want  to  sell  it  I 
will  let  you  know.  You  are  a  rascal  and  a  liar,  and  I 
want  you  to  go  off  my  land.  If  you  were  treating:  a 
white  man  the  way  you  are  treating  me,  he  would  kill 
you,  and  everybody  would  say  he  did  right.  I  will 
not  do  that.  I  will  harm  no  white  man,  but  this  is  my 
land,  and  I  intend  to  stay  here  and  make  a  good  living 
for  my  wife  and  children.  You  can  go.' 

"  When  I  said  this  he  was  very  angry,  and  the  next 
morning  he  had  Big  Snake  and  me  arrested.  They 
took  us  down  to  Yankton,  and  brought  us  before  eight 
officers.  The  head  officer  said :  '  We  have  heard  many 
complaints  about  you.  We  have  had  four  letters  mak 
ing  complaints.  What  have  you  to  say?  I  thought 
you  were  good  and  all  trying  to  work.  I  have  read  in 
the  papers  that  you  have  been  badly  treated,  but  these 
letters  say  exaclly  the  opposite.' 

"Then  we  told  the  soldiers  all  about  it,  and  the  soldiers 
were  angry  at  what  had  been  done,  and  the  head  officer 
said :  '  I  will  send  a  telegram  to  Washington,  but  you 
will  stay  here  until  I  hear  from  it.  I  will  not  put  you 
in  prison.  That  land  is  yours.  I  have  a  hard  duty, 
but  I  am  a  soldier,  and  must  obey  orders.  I  would  like 
to  help  you,  but  I  cannot.  I  have  known  your  tribe  a 
long  time,  and  you  have  all  done  well,  and  learned 
how  to  work.  I  know  that  is  so.  Some  rascals  are 
trying  to  swindle  you  out  of  your  land  and  stock.  I 
have  seen  things  like  this  many  times.  It  is  very  hard 
to  see  this,  but  I  can't  help  it.  When  a  white  man  has 
land  he  can  stay  on  it,  and  if  anybody  else  wants  it 


STANDING  BEAR  AND  THE  INDIAN  RING.  9 

they  have  to  pay  him  money  for  it,  and  he  don't  have 
to  give  it  up  until  he  gets  the  money,  and  I  don't  see 
why  the  same  law  will  not  apply  to  an  Indian  who  has 
land.' 

' '  The  soldiers  treated  us  very  kindly,  and  after  a  little 
while  we  went  back  on  the  reservation.  I  don't  know 
whether  the  head  officer  ever  had  from  Washington  an 
answer  from  his  telegram.  Then  these  men  got  up 
another  council.  The  half-breeds  who  belong  to  the 
tribe  are  most  all  bad  men;  they  are  rascals,  and  go  witn 
the  agents  and  traders.  At  this  council  all  the  half- 
breeds  took  the  side  of  these  men.  They  all  wanted 
to  go  to  the  Indian  Territory.  But  not  one  of  the 
Poncas  would  agree  to  go.  At  this  council  there  was 
a  white  man  who  came  to  talk  for  us.  He  was  a  lawyer, 
and  said  he  had  been  watching  us  for  years,  and  he 
knew  we  were  trying  to  do  right.  He  said  be  would 
not  see  us  swindled  out  of  all  we  had,  and  not  do  any 
thing. 

"These  men  said  to  us  that  we  were  thieves  and  bad 
Indians,  and  the  Commissioner  had  resolved  to  move  us 
away  from  the  white  people.  That  the  Sioux  would 
come  and  kill  us  all  unless  they  kept  many  soldiers  to 
watch  them,  and  that  cost  the  Great  Father  much 
money,  and  that  he  did  not  have  many  soldiers  any 
more,  and  what  he  had  he  wanted  to  fight  for  the  white 
people,  and  not  to  protect  bad  Indians. 

"Then  this  lawyer  answered  back  for  us.  He  said 
he  did  not  want  to  call  them  liars,  but  he  believed  they 
wera.  If  they  had  any  authority  for  what  they  were 
doing,  why  did  they  not  show  the  papers.  They  had 
none.  They  could  not  show  an  order  of  any  kind.  He 
would  not  say  so  positively,  but  he  believed  they  were 


10  THE  PONCA  CHIEFS. 

all  of  the  same  lot  of  thieves  who  had  always  been 
swindling  the  Indians.  That  reservation  belonged  to 
the  Poncas.  They  had  never  gone  to  war  with  the 
whites,  though  everybody  knew  they  had  cause 
enough.  Nobody  could  take  it  from  them.  Nobody 
could  make  them  sell  it.  Even  the  Great  Father  could 
not  do  that.  He  said  many  other  things,  and  talked  a 
long  while.  He  got  very  angry  at  last,  and  said  they 
were  thieves  and  scoundrels,  and  if  they  were  served 
right  they  would  every  one  be  hung.  Then  they  would 
not  let  him  talk  any  more. 

"At  last  they  said  it  was  no  use  to  talk  any  more.  We 
must  all  go  to  the  Indian  Territory,  and  that  was  the 
end  of  the  matter.  It  was  no  use  for  us  to  say  we 
would  not,  because  we  must.  We  told  them  we  would 
not  go,  and  the  council  broke  up. 

'  'Soon  after  this  the  half-breeds  belonging  to  the  tribe, 
numbering  ten  men  and  their  families,  packed  up 
and  started.  This  white  lawyer  told  us  not  to  go,  and 
he  did  not  believe  they  would  try  to  make  us  go.  He 
said  for  us  to  do  what  we  thought  best,  and  not  rely 
on  him,  but  it  was  his  belief  that  if  we  went  on  with 
our  work  and  paid  no  attention  to  them  they  would  not 
do  anything.  He  said,  •  if  you  want  to  go,  go,  and  if 
you  don't,  stay  right  where  you  are.  It  will  be  time 
enough  when,  they  begin  to  try  to  make  you  go.  No 
body  will  shoot  you  while  you  are  at  work.  If  the  sol 
diers  come  and  give  you  orders,  then  you  will  have  to 
obey.' 

"  We  talked  over  the  matter  very  much,  and  we  were 
very  sad.  After  a  little  while  some  soldiers  came  to 
the  Agency,  and  the  interpreter  said  they  had  come  to 
go  to  war  with  us,  if  we  did  not  go.  We  could  not 


STANDING  BEAR  AND  THE  INDIAN  RING.   H 

fight.  We  were  all  farming  and  had  but  few  guns. 
Everybody  was  working  hard.  It  was  in  the  spring. 
Many  had  sowed  their  spring  wheat,  some  had  planted 
corn,  and  made  gardens.  The  children  were  going  to 
school.  One  day  about  noon,  1  had  just  come  in  from 
the  field;  my  brother  was  still  at  work,  and  another  man 
was  plowing  for  me.  My  wife  was  gelling  dinner,  and 
a  man  rode  up.  He  said  the  officer  liad  given  an  order 
that  we  were  to  load  up  everything  we  had  and  bring 
it  10  the  Agency  building.  I  supposed  it  came  from  tho 
soldiers,  aud  I  unhitched  my  horses  from  the  plows 
and  hitched,  them  to  the  wagons,  and  loaded  in  all  I 
had.  There  were  some  things  the  government  had 
given  us.  I  do  not  count  them.  They  had  given  them 
to  us,  and  I  suppose  they  had  the  right  to  take  them 
back.  Among  them  were  the  threshing  machines,  reap 
ers,  mowers,  and  the  mill.  Then  I  had  some  things 
which  I  Lad  bought  with  the  grain  and  stock  I  had 
raised  and  sold.  These  were  mine,  and  no  man  had 
any  right  to  take  them  away.  However,  I  obeyed  the 
order,  and  took  them  all  to  the  Agency.  Within  two 
or  three  days  I  had  them  all  there.  These  were  the 
things  which  were  mine  and  which  they  took  away: 
"  One  house  (I  built  it  with  my  own  hands.  It  took 
me  a  long  time,  for  I  didn't  know  how  very  well).  It 
was  twenty  feet  by  forty,  with  two  rooms;  four  cows, 
three  steers.  ei<rht  horses,  four  hoirs  (two  very  large 
ones),  five  wn<ron-loads  of  corn  with  the  side  boards  on 
(about  1 30  bushels),  one  hundred  sncks  of  wheat,  nnd  one 
Wfi«ron-lond  loose,  which  I  hnd  in  boxes  (nhout  275  bush 
els),  twenty-  one  chickens,  two  turkeys,  nnd  one  prairie 
breaking  plow,  two  stirring  plows,  two  corn  plows,  a 
good  stable  and  cattle  sheds, three  axes,  two  hatchets, one 


12  THE  PONCA  CHIEFS. 

eaw,  three  lamps,  four  chairs,  one  table,  two  new  bed 
steads,  one  hay-knife,  three  pitchforks,  two  washtubs, 
and  washboard,  one  cross-cut  saw,  one  cant  hook,  two 
log  chains,  two  ox -yokes,  two  ladders,  two  garden  rakes 
three  hoes,  one  new  cooking-stove,  one  heating-stovei 
twenty  joints  of  pipe,  two  trunks  (one  very  large),  one 
valise,  crockery,  knives  and  forks,  and  a  great  many 
other  things  which  I  cannot  now  remember.  These 
things  were  mine.  I  had  worked  for  them  all.  By 
their  order  I  brought  them  all,  except  the  house  and 
such  things  as  I  could  not  move,  to  the  Agency,  and 
they  put  them  in  a  big  house  and  locked  them  up.  I 
have  never  seen  any  of  them  since.  Our  wagons  and 
ponies  they  did  not  take  away. 

"A  few  days  after  this  we  started  to  the  Indian 
Territory.  I  said  I  would  not  go  there  when  I  started. 
If  some  man  wanted  my  things  and  my  land,  I  said  I 
would  go  down  and  live  among  the  Omahas.  They 
wanted  us  all  to  come  there,  and  had  land  enough  for 
all.  The  man  who  had  charge  of  us  said  we  could  go 
down  there  where  the  other  part  of  the  tribe  was  and 
see  them,  and  if  we  did  not  like  it,  we  could  then 
come  back  to  the  Omabas.  My  wife  had  some  relations 
who  went  down  with  the  half-breeds,  and  she  wanted 
to  go  and  see  them,  and  so  we  went  on.  It  was  a  long 
and  tedious  journey."  When  we  got  there  the  Agent 
issued  us  no  rations  for  a  long  time.  For  months  we 
had  to  beg  of  the  other  tribes.  We  were  all  half-starved. 
This  was  all  different  from  our  own  home.  There  we 
raised  all  we  needed.  Here  there  was  no  work  to  do. 
We  had  nothing  to  work  with,  and  there  wns  no  man 
to  biro  us.  We  said  we  would  cr»  back;  that  we  did 
not  like  it  there.  Then  we  were  informed  that  we  werje 


STANDING  BEAR  AND  THE  INDIAN  RING.  13 

prisoners,  and  if  we  attempted  to  go  away  from  tho 
Agency  we  would  be  punished.  Sickness  commenced, 
several  died.  All  my  people  were  heart-broken.  I  was 
like  a  child.  I  could  not  help  even  myself,  much  less 
help  them.  I  hunted  for  some  white  inan,  who  knew 
the  ways  of  the  government,  to  tell  me  what  to  do.  No 
man  would  tell  me.  At  last  I  resolved  I  would  go 
and  see  the  Great  Father.  I  thought  surely  he  does  not 
know  about  this.  He  would  never  allow  it  to  be  done. 
I  went  to  see  the  Great  Father  and  told  him  what  had 
been  done.  He  seemed  very  much  astonished.  He 
said  he  never  heard  of  it  before.  He  would  order  it 
investigated.  Then  I  talked  with  him  again.  He  thought 
now  that  we  were  down  there  we  had  better  stay.  He 
told  me  to  go  back  and  hunt  for  some  good  land,  and 
he  would  have  our  things  sent  to  us;  that  we  should 
be  treated  well,  and  he  did  not  think  we  would  be  sick 
any  more,  after  a  little.  We  would  soon  get  used  to  the 
country,  and  then  we  would  not  be  sick.  I  said  ki 
reply  that  I  could  only  obey  his  orders. 

"  Then  I  went  back  to  the  Indian  Territory  and  se 
lected  some  land  that  looked  good,  and  we  moved  the 
tribe  on  to  it.  It  was  now  in  the  fall,  and  the  sickness 
was  worse  than  ever.  Families  had  settled  on  separate 
tracts  of  land,  and  were  scattered  around.  The  whole 
family  would  be  sick  and  no  one  know  it.  In  some  of 
these  families  persons  would  die  and  the  others  would 
not  not  be  able  to  bury  them.  They  would  drag  them 
with  a  pony  out  on  the  prairie  and  leave  them  there. 
Men  would  take  sick  while  at  work  and  die  in  less  than 
a  day  (congestive  chills). 

"  There  were  dead  in  every  family.  Those  who  could 
walk  around  were  sick.  Not  one  in  the  whole  tribe 


14  THE  PONCA  CHIEFS. 

felt  well.  I  lost  all  my  children  but  one  little  girl.  A 
few  more  weeks  and  she  would  have  died  too.  I  was 
in  an  awful  place,  and  I  was  a  prisoner  there.  I  was 
not  a  free  man.  I  had  been  taken  by  force  from  my 
own  country  to  a  strange  land,  and  was  a  captive. 
Sometimes  I  thought  I  had  better  gather  up  my  people, 
send  them  on  ahead,  keep  my  warriors  in  the  rear,  and 
endeavor  to  retreat  to  the  mountains,  and  if  the  sol 
diers  came,  all  die  fighting,  but  I  did  not  want  to  fight 
the  soldiers.  They  had  always  treated  me  kindly,  and 
the  officers  had  taken  my  part;  besides  my  warriors 
were  too  sick  to  march  or  fight.  I  could  see  nothing 
ahead,  but  death  for  the  whole  tribe.  I  was  much  sorry 
for  the  little  children  who  were  so  very  sick.  They 
would  moan  and  moan,  and  we  had  no  medicine 
and  no  way  to  help  them.  The  fall  months  wore 
away,  and  it  was  the  middle  of  winter.  The  sickness 
got  no  better.  I  resolved  at  last  that  I  would  make  an 
attempt  to  save  the  lives  of  a  few.  If  I  failed  it  could 
be  no  worse  than  to  stay  there.  I  said  I  will  take  a 
small  party  and  start  back  to  my  old  home.  If  the  sol 
diers  come  after  us  I  will  not  fight.  They  can  do  what 
they  please  with  us.  Whatever  they  do,  it  can't  be 
worse  than  to  stay  here.  I  told  nobody  of  my  plans 
but  those  I  intended  to  take  along.  I  brought  away 
thirty  persons,  seven  of  whom  were  very  sick  when  we 
started.  We  slipped  away  on  the  night  of  the  second 
of  January.  We  had  a  small  quantity  of  rations  when 
we  started.  I  had  ten  dollars  in  money,  and  Buffalo 
Chip  had  ten.  We  were  ten  weeks  making  the  jour 
ney  to  the  Omaha  Agency.  I  had  to  buy  a  little  corn 
for  the  ponies. 
"  We  had  three  covered  wagons  and  one  light  spring 


STANDING  BEAR  AND  THE  INDIAN  RING.    15 

wagon.     I  subsisted  this  party  of  thirty  persons  for 
twenty  days  on  less  than  a  dollar  a  day.     After  that 
we  had  no  more  money.     For  two  days  \ve  were  with 
out  food,  little  children,  sick,  and  all.     Then  I  went 
to  a  white  man's  house  and  motioned  for  him  to  come 
with  me.     He  came  and  I  pointed  out  to  him  the  sick. 
He  did  not  seem  to  understand,  but  he  looked  at  the 
ponies  and  saw  how  very  poor  and  gaunt  they  were. 
He  went  off  and  came  back  with  his  boys  and  brought 
hay  and  a  big  bag  full  of  corn.    We  took  some  of  the 
corn,  shelled  and  parched  it.     He  watched  us,  and 
when  he  saw  the  children  eat  it  ravenously,  he,  for 
the  first  time,  seemed  to  understand  that  we  had  noth 
ing  to  eat.    He  went  to  the  house  and  brought  us  some 
flour,  "some  meat  and   some  coffee.      After  that  the 
white  people  treated  us  very  kindly.     Some  gave  us 
bread,  some  coffee,  and  others  meal  or  flour.     None 
of  them  refused  to  give  us  anything  when  they  saw 
we  were  hungry,  except  two  places,  and  I  don't  think 
they  had  much  themselves.     I  kept  far  out  in  Kansas, 
and  frequently  changed  my  course,  for  I  thought  they 
would  follow  us  from  the  Agency,  and  the  white  peo 
ple  out  there  seemed  very  poor.     After  ten  weeks  of 
gucli  journeying,  about  the  middle  of  March  we  arrived 
at  the  Omaha  Agency,  on  the  way  back  to  our  old 
home.      The   Omahas  and    Poncas   speak  the  same 
iannunge,  and  we  have  many  relatives  among  them. 
We  intended  to  go    back  to  our  own  land,  but  the 
Omahas  said,   you  have  no  plows  or  tools  of  any 
kind,  and  you  cannot  go  back  there.     We  will  lend 
you    seed    and  toois    to  work  with,   and  help  you 
start.    They  gave  us  land.     There  was  enough  broken 
to  raise  what  we  wanted  to  live  on.     Some  of  the 


16  THE  PONCA  CHIEFS. 

men  were  sick  in  bed  and  couldn't  work.  Those  who 
were  well  enough  all  went  to  work.  Some  had  sowed 
their  spring  wheat,  and  some  were  plowing.  I  was  at 
work  when  the  runner  came  and  told  us  that  the  sol 
diers  had  come  to  take  us  back.  Consternation  and  des 
pair  seized  upon  us.  We  all  went  down  to  the  Agency, 
and  found  Lieut.  Carpenter  there.  He  said  we  must 
go  to  Omaha  with  him,  and  there  we  could  talk  with 
Gen.  Crook.  We  hitched  up  our  ponies  and  started 
south  again.  One  woman  was  too  sick  to  move,  and 
that  one  was  left  at  the  Agency,  and  came  to  Omaha 
barracks.  When  we  started  back  the  scene  among  the 
women  and  children  was  heart-rending.  They  and 
their  friends  among  the  Omalias  cried  most  bitterly. 
It  would  break  one's  heart  to  look  at  them..  Many 
were  still  sick,  and  all  felt  that  we  were  going  back  to 
certain  death.  My  effort  to  save  their  lives  had  failed." 

INTERPRETER'S  CERTIFICATE. 

"  I  certify  that  I  acted  as  interpreter  for  Standing 
Bear,  and  that  the  above  is  a  true  translation  of  his 
words,  the  interview  taking  place  at  Fort  Omaha  the 
13th  glay  of  April,  1879.  I  am  perfectly  acquainted  with 
the  Omaha  Indian  language,  which  the  Poncas  speak, 
and  I  know  many  of  the  facts  to  be  true  of  my  own 
knowledge,  having  resided  among  the  Omahas  for 
twelve  years.  »W.  W.  HAMILTON." 


THE  PONCA  CHIEFS.  17 


CHAPTER  II. 

STANDING  BEAR  FINDS  A   FRIEND  IN  THE    EDITOR 
OF  A  WESTERN  PAPER. 

ON  the  twenty-ninth  day  of  March,  1879,  at 
about  eleven  o'clock  at  night,  there  sat  in  the 
editorial  room  of  the  Omaha  Daily  Herald  the 
assistant  editor,  who  at  the  time  was  editor-in- 
chief. 

The  city  editor  came  in  and  informed  him 
that  he  had  just  returned  from  Fort  Omaha, 
four  miles  distant,  where  there  was  a  band  of 
Ponca  Indians  under  arrest  for  running  away 
from  the  Indian  Territory. 

This  assistant  editor  of  the  Herald  had  a 
strange  history.  He  said  he  had  been  born  on 
the  frontier,  never  had  had  any  raising,  and 
did  not  pretend  to  be  civilized.  He  was  a 
thorough  newspaper  man,  and  had  held  positions 
as  an  editorial  writer  on  several  leading  papers. 
He  had  the  medical,  legal,  theological,  turf, 
stage  and  musical  terms  at  his  tongue's  end. 
He  carried  perhaps  the  marks  of  more  gunshot 


18  THE  PONCA  CHIEFS. 

and  other  wounds  on  his  person  than  any  other 
one  man  in  a  thousand  miles  of  him.  He  was 
one  of  the  best  shots  with  a  revolver  in  the 
west.  He  commenced  life  by  enlisting  in  Jim 
Lane's  company  in  Kansas  in  1856,  and  was  in 
every  prominent  fight  during  the  bloody  wars 
which  lasted  for  two  years  in  that  Territory. 
Part  of  the  time  he  was  in  old  John  Brown's 
company.  Such  was  the  individual  who  sat  at 
the  Jler aid  editor al  table  on  that  night.  When 
informed  of  what  had  occurred  at  the  barracks, 
he  brought  his  fist  down  on  the  table  and  said, 
"Those  Indians  shall  not  betaken  back  to  die  in 
the  Indian  Territory." 

He  was  doing  nearly  double  work  on  the 
paper  on  account  of  the  absence  of  the  editor- 
in-chief,  and  his  duties  kept  him  at  the  office 
until  the  paper  went  to  press  at  four  o'clock 
in  the  morning.  That  morning  he  retired  at 
4.30  A.  M.,  and  rose  at  seven  A.  M.,  and  immedi 
ately  started  on  foot  to  Fort  Omaha,  four  miles 
distant.  It  was  on  Sunday,  and  while  others 
went  to  church  he  went  to  see  these  prisoners. 
Arriving  there  he  found  an  interpreter,  and 
informed  Standing  Bear  that  he  wanted  to  hold 
a  council  and  print  what  he  said,  so  that  all 
the  white  people  could  know  how  he  had  been 
treated.  But  Standing  Bear  would  not  talk. 


STANDING  BEAR  FINDS  A  FRIEND.     19 

He  did  not  think  it  would  be  dignified  for  him 
to  talk  with  any  one  else  before  he  held  his 
council  with  Gen.  Crook.  Persuasion  did  no 
good.  He  was  afraid  Gen.  Crook  would  take 
it  as  an  insult,  and  talk  he  would  not.  It  was 
explained  to  him  that  it  would  not  be  printed 
until  Tuesday  morning,  that  no  paper  was  pub 
lished  on  Monday,  but  it  was  all  of  no  avail. 

Here  was  something  that  the  editor  had  not 
expected,  an  impassable  barrier  on  the  first 
day's  march,  and  he  sat  down  and  cogitated. 
At  last  he  remembered  that  several  years  before 
he  had  joined  a  secret  society  among  the  In 
dians,  and  concluded  to  try  the  signs  on  the 
old  chief.  Standing  Bear  recognized  them  in 
an  instant,  and  the  two  gave  the  grip  of  friend 
ship.  A  council  was  called  immediately,  and 
the  editor  and  warriors  were  soon  seated  in  a 
tepee  around  the  council  fire  smoking  the  pipe 
of  peace. 

Ta-zha-but  (Buffalo  Chip)  was  the  first  to 
speak.  He  talked  slowly,  making  graceful  but 
emphatic  gestures,  as  follows: 


"I  sometimes  think  that  the  \vhite  people  for 
get  that  we  are  human,  that  we  love  our  wives  and 
children,  that  we  require  food  and  clothing,  that 


20  THE  PONCA  CHIEFS. 

we  must  take  care  of  our  sick,  our  women  and  chil 
dren,  prepare  not  only  for  the  winters  as  they  come, 
but  for  old  age  when  we  can  no  longer  do  as  when 
we  are  young.  But  one  Father  made  us  all.  We 
have  hands  and  feet,  heads  and  hearts  all  alike. 
We  also  are  men.  Look  at  me.  Am  I  not  a  man?  I 
am  poor.  These  clothes  are  ragged.  I  have  no  others. 
But  I  am  a  man." 

Ta-zha-but  stopped  after  saying  this,  for  sev 
eral  moments,  and  all  was  as  silent  as  death.  He 
then  proceeded: 

"I  have  said  this,  because  as  I  have  been  sitting  in 
this  tepee  thinking  since  I  was  taken  prisoner,  that  the 
government  could  not  think  I  was  a  man,  or  they  would 
not  treat  me  as  they  have.  I  have  hands  that  know 
how  to  hold  the  plow  handles  and  to  sow  the  wheat 
and  corn  and  gather  it  in.  I  have  taught  them  that  in 
the  last. few  years. 

"  When  I  was  young  the  gun  was  the  greatest  friend 
the  Indian  had.  With  it  he  defended  himself  against 
his  enemies,  with  it  he  fed  his  wife  and  family,  covered 
his  tepee,  and  clothed  himself  and  his  children.  The 
gun  is  not  my  friend  now.  The  greatest  friend  I  have 
is  the  plow.  The  game  is  gone,  never  to  come  back.  I 
look  everywhere  and  I  see  none.  It  has  vanished  away 
like  a  dream  when  I  wake  from  sleep.  But  the  ground 
is  here.  It  can  never  vanish  away.  From  the  ground 
the  Indian  must  live.  It  tells  him  no  lies.  It  makes 
him  no  promises  which  it  does  not  fulfil.  It  is  like 
Wakanda.  All  the  Indians  know  this.  They  are  not 
blind,  that  they  cannot  see.  Neither  are  they  fools,  that 


STANDING  BEAR  FINDS  A  FRIEND.     21 

they  cannot  think.  So  we  talked  among  ourselves  3*ears 
ago.  We  agreed  that  we  would  raise  cattle,  horses, 
pigs,  and  all  kinds  of  stock.  We  said  we  would  learn 
to  plow,  we  would  build  houses  out  of  wood,  we  would 
learn  to  do  like  the  white  people.  They  always  have 
good  clothes  and  enough  to  eat.  We  told  the  men  the 
Great  Father  sen-t  to  talk  to  us  that  we  would  do  this 
years  ago.  We  have  kept  our  word.  We  have  taught 
our  hands  to  hold  the  plow  handles.  We  built  houses. 
We  raised  stock.  Now  look  at  us  to-day.  See  these 
rags.  We  have  no  houses,  no  stock,  no  grain,  we  are 
prisoners  in  this  camp,  and  we  have  never  committed 
any  crime." 

H 
Here  another  prolonged  silence  ensued,  and 

then  Ta-zha-but  spoke  again: 

"Eight  days  ago  I  was  at  work  on  my  farm  which 
the  Omahas  gave  me.  I  had  sowed  some  spring  wheat, 
and  wished  to  sow  some  more.  I  was  living  peaceably 
with  all  men.  I  have  never  committed  any  crime.  I 
was  arrested  and  brought  back  as  a  prisoner.  Does 
your  law  do  that?  I  have  been  told  since  the  great  war 
that  all  men  were  free  men,  and  that  no  man  can  be 
made  a  prisoner  unless  he  does  wrong.  I  have  done 
no  wrong,  and  yet  I  am  here  a  prisoner.  Have  you  a 
law  for  white  men,  and  a  different  law  for  those  who 
are  not  white? ' 

Ta-zha-but  paused  and  waited  for  a  reply.  The 
editor  found  himself  cornered.  The  Declara 
tion  of  Independence  says  "  all  men  are  created 
equal."  The  constitution  says  there  shall  be 


22  THE  PONCA  CHIEFS. 

no  distinction  on  account  of  race  or  color,  but 
here  was  a  man  who  had  committed  no  crime, 
held  as  a  prisoner.  He  at  last  replied  that 
there  was  but  one  law  for  all  alike. 

Ta-zha-but. — "Then  why  am  I  and  my  family  held 
prisoners  when  we  have  committed  no  crime?" 
Editor. — "I  cannot  tell." 

Another  silence  here  fell  on  the  council. 
The  Indians  sat  smoking  a  huge  tomahawk 
pipe,  and  passing  it  one  to  another.  Ta-zha- 
but  spoke  again: 

"When  I  worked  my  farm,  my  wife,  my  children 
and  myself  had  three  meals  each  day.  When  I  am 
forced  to  live  on  the  government  we  get  but  one. 
Why  does  the  government  insist  on  feeding  me?  If 
they  intend  to  always  feed  all  the  Indians  I  should 
think  they  would  eat  all  the  government  had.  I  seem 
to  be  blind.  I  cannot  understand  these  things.  Here 
I  am,  and  those  who  are  with  me  want  logo  to  work  and 
raise  grain  to  live  on  next  winter.  We  don't  want  to 
live  on  the  government.  We  want  to  support  our 
selves.  We  commence  to  plow  and  sow  wheat,  and 
the  government  sends  the  soldiers  to  take  us  prisoners 
and  make  us  live  on  the  government.  We  would  go 
right  back  to  our  work  and  make  our  own  living  if 
they  would  only  let  us. " 

This  declaration  of  the  chief  was  received 
by  an  emphatic  affirmative  grunt  by  all  pres 
ent.  Ta-zha-but  then  asked  if  it  would  not  be 


STANDING  BEAR  FINDS  A  FRIEND.     23 

better  for  the  government  and  them,  to  be  al 
lowed  to  pursue  such  a  course,  and  why  they 
could  not  do  it.  The  editor  could  give  no 
reason  why  they  should  not. 

"If  we  go  back  to  the  reservation  in  the  Indian 
Territory,"  said  Ta-zha-but,  "we  shall  have  nothing  to 
do.  We  must  live  on  the  government  and  will  soon  all 
die.  There  will  be  not  one  left  to  tell  the  tale.  It  would 
be  better  for  the  government,  better  for  us,  to  stand  us 
out  there  in  a  line,  bring  the  soldiers  and  tell  them  to 
shoot  us  all.  Then  our  miseries  would  be  ended,  and 
the  government  would  have  no  more  trouble.  It  would 
be  better  that  way." 

This  was  said  in  a  solemn  tone,  spoken  very 
slowly,  and  every  one  present  signified  his  as 
sent.  Somehow  a  feeling  of  solemnity  came 
over  all.  They  seemed  to  think  death  was  very 
near  in  any  event.  A  squaw  who  held  a  young 
baby,  sitting  behind  the  men,  pressed  the  little 
thing  close  to  her  bosom  and  rocked  herself  back 
and  forth,  with  the  tears  running  down  over  her 
face.  Not  a  muscle  moved  on  the  face  of  any 
of  the  men.  They  looked  steadily  toward  the 
fire  in  the  centre  of  the  lodge.  The  first  thing 
that  was  said  was  by  Charles  Morgan,  an 
Omaha,  who  reads  and  writes,  and  speaks  Eng 
lish  as  fluently  as  any  one.  He  turned  to  the 
reporter,  after  some  moments  of  silence,  and 


24  THE  PONCA  CHIEFS. 

said:    "This   is   awful.     These   men   are   my 
friends.     They  are  of  my  blood." 

The  editor  after  a  few  moments  asked  Ta- 
zha-but  what  he  thought  ought  to  be  done  in 
reference  to  the  Indians,  how  the  govern 
ment  should  deal  with  them.  He  continued  as 
follows: 

"It seems  to  me  that  the  government  should  let  the 
Indians  go  on  some  land  that  is  good,  where  good  crops 
could  be  raised.  This  land  should  be  given  them  for 
theirs  forever,  given  so  that  the  government  could  not 
take  it  away,  so  that  the  white  men  could  not  get  it. 
It  should  be  the  Indians'  forever.  Indians  cannot 
make  plows  and  axes  and  wagons,  so  the  government 
should  give  them  some  to  help  them  start.  All  the 
Indians  will  go  to  farming  if  the  government  -will  do 
this.  But  they  can't  farm  without  plows,  and  they 
can't  plow  where  the  ground  is  all  hills  and  stones  like 
it  is  down  where  the  Ponca  reservation  was.  Then 
there  should  be  laws  to  govern  the  Indians  the  same  as 
the  whites.  A  court  should  be  established  where  those 
who  do  wrong,  both  Indians  and  white  men,  should  be 
tried.  There  never  would  be  any  rows  or  troubles 
with  the  whites  if  we  had  a  court.  But  we  have  never 
had  a  court.  If  white  men  steal  our  ponies  there  is 
nobody  to  punish  them.  If  the  Indians  do  wrong 
they  make  the  tribe  responsible  and  the  solQiers  come 
out  and  kill  our  people.  We  want  land  which  shall 
be  our  own,  and  we  want  a  court:  Let  those  who 
do  right  be  protected,  and  those  who  do  wrong  be 
punished.  If  the  Indian  has  land  which  he  knows 


STANDING  BEAR  FINDS  A  FRIEND.      25 

is  his  own  forever,  he  will  build  a  good  house.     He 
will  soon  be  like  a  white  man." 

STANDING  BEAR'S  SPEECH. 
Standing  Bear  spoke  as  follows  : 

"  The  Poncas  and  the  Omahas  are  one  tribe,  and 
speak  exactly  the  same  language .  We  saw  the  game 
was  gone  some  years  ago,  and  we  resolved  to  go  to 
farming,  to  raise  stock  and  grain  like  the  white  men. 
Our  Agency  was  in  the  edge  of  Dakota.  We  had  many 
good  farms,  some  good  houses,  a  school  and  a  church. 
But  the  Sioux  made  raids  on  us,  stole  some  of  our 
ponies,  and  killed  some  of  our  people.  It  was  then 
proposed  that  we  come  down  to  the  Omaha  agency. 
There  was  a  great  council  of  the  Poncas,  the  Omahas, 
and  the  Commissioners  the  Great  Father  sent.  Both 
the  Omahas  and  Poncas  signed  a  paper  to  go  to  the 
Omaha  Agency.  That  is  all  the  paper  we  ever 


Then  followed  a  history,  stated  briefly,  of 
what  had  occurred  as  narrated  at  length  in  the 
first  chapter.  He  proceeded  as  follows: 

"  We  were  taken  to  the  Indian  Territory.  My  son 
died,  my  sister  died,  and  my  brother  there,  was  near 
dying.  We  had  nothing  to  do  but  sit  still,  be  sick, 
starve  and  die.  I  know  I  never  signed  a  paper  to  go 
there,  and  after  many  months  of  a  life  that  was  more 
than  to  die,  we  concluded  to  come  to  our  relations  and 
friends  the  Omahas.  We  brought  our  sick  with  us.  The 
weather  was  very  bad  and  we  have  little  clothes.  We 
had  very  little  to  eat  on  the  way  and  were  very  hungry, 


26  THE  PONCA  CHIEFS. 

but  we  never  touched  anything  that  belonged  to  a  white 
man.  I  am  getting  old  now,  he  is  old  (pointing  to  his 
brother).  We  have  but  a  little  time  to  live.  My  son  who 
died  was  a  good  boy.  I  did  everything  I  could  to  help 
educate  him,  that  when  I  was  gone  he  could  live  like 
the  white  men  and  teach  these  little  ones  (pointing  to 
some  little  children).  I  am  too  old  to  learn  to  read 
and  write  and  count  money.  They  can  learn.  I  want 
to  work  on  a  farm,  have  them  go  to  school,  learn  many 
things,  and  be  like  white  children.  I  know  how  to 
plow,  how  to  plant  wheat  and  corn,  to  raise  stock.  The 
Omahas  gave  me  some  land  with  thirty  acres  broke.  I 
can  raise  this  year  enough  wheat,  potatoes  and  other 
things  to  have  plenty  to  eat  next  winter.  But  the  gov 
ernment  won't  let  me.  My  boy  who  died  down  there, 
as  he  was  dying  looked  up  to  me  and  said,  I  would  like 
you  to  take  my  bones  back  and  bury  them  there  where 
I  was  born.  I  promised  him  I  would.  I  could  not  re 
fuse  the  dying  request  of  my  boy.  I  have  attempted  to 
keep  my  word.  His  bones  are  in  that  trunk." 

At  this  point  Standing  Bear's  wife,  who  is  a 
very  intelligent-looking  woman,  asked  permis 
sion  to  speak  to  the  editor.  Her  eyes  were  full 
of  tears.  She  said: 

"My  mother  is  buried  there,  my  grandmother  and 
another  child.  My  boy  was  a  good  boy,  and  we  tried 
to  do  what  he  wanted  us  to  do.  We  were  just  getting 
ready  to  bury  him,  when  the  soldiers  came  upon  us. 
Won't  you  go  to  Gen.  Crook  and  ask  him,  if  we. 
must  go  back  south,  to  let  us  have  time  to  take  him 
back  to  the  Agency  and  bury  him?" 


STANDING  BEAR  FINDS  A  FRIEND.      97 

A  promise  was  made  to  the  weeping  mother 
that  such  a  request  would  be  made.  She  said: 

"My  heart  is  broken.  My  eyes  are  full  of  tears  all 
the  time,  and  ever  since  I  came  to  this  place  there  is 
an  ache  here  (laying  her  hand  on  her  heart).  If  we 
must  go  back  these  little  children  will  soon  die  too." 

A  long  silence  followed.  The  mother  sat 
there  with  features  immovable,  but  the  tears 
chased  one  another  in  quick  succession  down 
her  cheeks.  Such  a  feeling  of  depression  and 
utter  hopelessness  settled  down  over  all  that  the 
editor  arose  and  left  the  lodge  and  walked 
around  outside  a  few  minutes.  When  he  went 
back,  Standing  Bear  continued: 

"  When  Big-White-Hair  (Senator  Saunders)  and  the 
other  commissioners  came  down  there  last  summer,  he 
asked  if  we  desired  to  be  turned  over  to  the  military. 
I  told  him  I  did  not  like  to  say  certainly.  I  could  not 
read  nor  talk  English,  and  there  were  so  many  Indians 
of  different  tribes,  and  so  many  goods  to  be  brought 
to  the  reservations  that  there  must  be  many  things  I 
did  not  know  anything  about.  The  Indians  all  thought 
that  if  they  were  turned  over  to  the  soldiers  they  would 
get  all  the  government  gave  to  them,  while  with  the 
agents  and  traders  they  did  not.  But  some  of  the  In 
dians  were  afraid  if  the  soldiers  had  control  and  any 
of  the  young  men  did  anything  wrong  they  would  be 
too  severe.  All  the  Indians  who  have  reservations  of 


28  THE  PONCA  CHIEFS. 

good  land  would  now  raise  enough  to  support  them 
selves  if  it  were  not  for  the  agents  and  traders.  They 
don't  want  the  Indians  to  become  like  white  men. 
They  are  the  worst  thing  in  the  way  of  the  Indians. 
All  the  Indians  know  the  game  is  gone.  They  want  land 
of  their  own,  they  want  schools,  they  want  to  learn  to 
work.  Wakanda  knows  I  tell  the  truth.  (This  sen 
tence  was  said  with  an  upward  look  and  reverent  ges 
ture.)  We  want  to  be  under  the  same  law  as  the  white 
man.  We  want  to  be  free.  The  northern  tribes  who 
have  been  sent  south  will  all  die.  All  they  ask  is  that 
they  may  have  a  chance  to  make  a  living  for  themselves, 
and  have  the  same  law  as  the  white  man." 

It  was  explained  to  him  that  if  he  came 
under  the  law  he  would  have  to  pay  taxes.  He 
thought  it  over  a  minute  or  two,  and  then 
said: 

"I  don't  think  for  the  first  year  or  two  we  ought  to 
pay  taxes.  We  would  have  very  little  to  pay  with,  but 
after  that,  if  the  officers  would  protect  us  from  bad 
white  men,  and  punish  those  who  steal,  so  all  our 
property  would  be  safe,  then  we  could  afford  to  pay 
for  it,  and  let  every  man  pay  according  to  how  much 
he  had.  If  the  Indians  are  given  lands  and  courts, 
with  the  same  law  as  the  white  man,  a  few  plows  to 
start  with,  and  a  school  teacher  for  the  children,  they 
need  not  be  turned  over  to  the  soldiers,  the  civil  au 
thorities,  or  anybody  else.  That  will  be  the  end  of  all 
our  troubles.  Ten  years  from  now  there  will  be  no 
difference  from  the  whites  except  in  the  color  of  their 
skin." 


STANDING  BEAR  FINDS  A  FRIEND.     29 

After  Standing  Bear  had  closed  his  speech, 
the  editor  came  outside  of  the  lodge.  The  sun 
was  just  sinking  in  the  west.  The  city  laid 
four  miles  away.  There  was  no  way  to  get  there 
but  to  walk  there.  Not  a  mouthful  of  food 
had  he  taken  since  morning,  but  he  thrust  his 
note-book  in  his  pocket  and  struck  out  on  a 
five-miles-an-hour  gait  for  the  city.  He  had 
an  idea  in  his  head,  and  there  was  no  time  to 
lose.  He  resolved  he  would  lay  the  matter 
before  as  many  of  the  churches  as  he  could 
reach  that  night,  and  get  them  to  pass  a  reso 
lution  requesting  the  Secretary  of  the  Interior 
to  rescind  the  order,  and  then  send  a  telegram 
to  Washington.  To  do  it,  he  must  reach  the 
city  before  the  hour  set  for  services  to  com 
mence.  By  the  end  of  the  first  mile  it  began 
to  grow  dark,  and  he  found  he  must  make 
faster  time  than  that.  Not  a  single  vehicle 
was  going  in  that  direction,  although  he  met 
several  going  the  other  way.  He  leaned  for 
ward  and  broke  into  a  regular  Rowell  run, 
which  he  did  not  break  until  he  had  made  two 
miles  and  a  half.  He  reached  the  Presbyterian 
church,  Rev.  Mr.  Harsha  pastor,  just  in  time, 
and  obtained  permission  to  speak  after  the 
sermon.  He  then  went  to  the  Congregational 
Church,  Rev.  Mr.  Sherrill  pastor,  and  spoke 


30  THE  PONCA  CHIEFS. 

between  the  opening  hymns.  Both  of  the 
churches  passed  a  resolution  requesting  Mr. 
Carl  Schurz  tc  rescind  the  order  under  which 
this  band  of  Poncas  were  being  returned  to 
Indian  Territory. 

Other  ministers  were  afterward  seen,  and 
Rev.  Mr.  Jameson,  who  was  an  old  friend  and 
acquaintance  of  Mr.  Schurz,  wrote  the  follow 
ing,  which  was  signed  and  sent  by  telegraph: 

"  OMAHA,  NEB.,  March  31,  1879. 
"To  Hon.  Carl  Schurz,  Secretary  of  the  Interior,  Washing 
ton,  D.  C.: 

''Seven  lodges  of  Ponca,  Indians,  who  had  settled  on 
Omaha  reservation,  and  were  commencing  to  work  at 
farming,  have,  by  your  order,  been  arrested  to  be  taken 
south.  I  beseech  you  as  a  friend  to  have  this  order  re 
voked.  Several  churches  and  congregations  have 
passed  resolutions  recommending  that  these  Indians 
be  permitted  to  remain  with  the  Omahas.  Some  of  the 
Indians  are  too  sick  to  travel.  Particulars  by  mail. 

"E.  H.  E.  JAMESON, 

"  Pastor  Baptist  Church. 
"We  concur  in  the  above. 

"H.  D.  FTSHER, 

"Pastor  M.  E.  Church. 
"  W.  J.  HARSHA, 

"  Pastor  Presbyterian  Church. 
"A.  F.  SHERRILL, 

''Pastor  Congregational  Church." 


STANDING  BEAR  FINDS  A  FRIEND.     31 

At  eleven  o'clock  that  night  the  weary  editor 
reached  his  home.  The  first  thing  he  did  was 
to  call  for  a  good  "  square  meal."  Having  dis 
posed  of  that  he  sat  down  at  his  desk  and  wrote 
out  the  speeches  of  Standing  Bear  and  Ta-zha- 
but,  with  such  other  matter  as  made  a  connect 
ed  history  of  the  affair  up  to  that  time  an'd  at 
twenty  minutes  past  5  A.  M.  retired. 

At  seven  o'clock  he  was  up.  Gen.  Crook 
was  to  hold  his  council  with  Standing  Bear 
at  ten  o'clock,  and  procuring  a  conveyance, 
he  started  for  Fort  Omaha.  The  council  did 
not  really  commence  until  twelve  o'clock,  and 
was  held  in  Gen.  Crook's  office.  There  were 
present  General  Crook,  Colonel  Royall,  General 
Williams,  Lieutenants  Bourke  and  Carpenter, 
and  the  editor,  who  was  somewhat  astonished 
to  see  Standing  Bear  dressed  in  a  magnificent 
full  costume  of  an  Indian  chief.  He  had  a 
red  blanket,  trimmed  with  broad  blue  stripes, 
a  wide  beaded  belt  around  his  waist,  and  wore 
a  necklace  of  bear's  claws.  The  other  Indians 
were  dressed  in  citizens'  clothes.  Standing  Bear 
spoke  first  as  follows  : 

"FRIENDS  AND  BROTHERS, — The  Almighty  created 
us  Indians.  We  are  as  he  made  us.  The  Almighty 
has  given  to  the  whites  a  hook  to  read,  and  they  have 
plenty  of  things  to  work  with.  The  Indian  has  no 


32  THE  PONCA  CHIEFS. 

book.  He  cannot  read.  Here  is  where  I  am  weak 
and  you  are  strong.  I  never  see  a  book  or  paper  of 
any  kind,  but  I  think  it  is  a  good  thing.  It  lets  you 
know  all  that  is  going  on  in  the  world.  I  want  my 
children  to  learn  to  read.  I  want  them  to  go  to  school, 
my  friends.  A  great  while  ago  we  came  from  the 
great  water  to  the  east.  We  kept  coming,  coming, 
coming  west  until  we  got  to  Dakota.  I  made  a  good 
living  there.  Then  some  power  took  hold  of  me,  as 
by  the  arm,  and  made  me  to  stand  up  and  told  us  to 
go  south.  They  took  us  to  a  very  bad  place.  They 
took  our  plows  and  all  our  farming  utensils  and  locked 
them  up.  I  have  never  seen  them  since.  After  I  got 
to  the  Territory  I  went  to  see  my  Great  Father  at 
Washington.  When  I  went  into  his  office  he  took  me 
by  the  hand.  I  said  to  the  Great  Father,  ''My  people 
are  much  wronged,  and  I  hope  you  will  do  something 
for  me.  I  am  in  an  awful  bad  place.'  I  told  him 
before  I  went  to  the  Territory  that  I  had  a  good  house 
and  barn  which  I  had  built  with  my  own  hands.  I 
had  cattle  and  hogs  and  all  kinds  of  stock,  and  some 
body  came  and  took  all  my  things  away,  and  my 
Great  Father  stood  up  and  said:  'How  is  this?  I 
will  order  an  inspection.'  I  told  him  I  was  in  a  bad 
fix.  He  told  me  to  go  and  see  if  I  could  find  some 
good  land  near  where  we  then  were.  I  went  back.  I 
started  to  look  for  land.  I  found  some  land  that  looked 
good.  We  moved  onto  it,  but  some  unseen  force  came 
down  upon  us  and  crushed  us  to  the  earth.  One  hun 
dred  and  fifty-seven  of  our  people  died  right  there.  A 
few  days  passed  by,  and  an  inspector  came  from  Wash 
ington.  I  told  him  I  would  like  to  move  back  to  my 
old  home,  that  he  saw  we  were  in  a  dreadful  place. 


STANDING  BEAR  FINDS  A  FRIEND.     33 

He  answered  in  this  way:  'I  will  do  all  I  can.  I  will 
try  what  I  can  do  for  you.'  He  didn't  say  he  could  do 
anything,  but  that  he  would  go  back  to  Washington, 
and  tell  them  what  a  bad  place  it  was.  But  I  was  like 
one  in  haste.  I  wanted  to  save  the  lives  of  my  people." 

Standing  Bear  then  asked  permission  to 
address  the  officers  and  others  present,  and  Gen. 
Crook  gave  him  permission,  and  turning  to 
them,  he  made  the  following  pathetic  appeal: 

"  MY  FRIENDS  AND  BROTHERS, — I  am  now  with  the 
soldiers  and  officers.  I  want  to  go  back  to  my  old 
place  north.  I  want  to  save  myself  and  my  tribe. 

"My  brothers,  it  seems  to  me  as  if  I  stood  in  front 
of  a  great  prairie  fire.  I  would  take  up  my  babies  and 
run  to  save  their  lives;  or  as  if  I  stood  on  the  bank  of 
an  overflowing  river,  and  I  would  take  my  people  and 
fly  to  higher  ground.  Oh!  my  brothers,  the  Almighty 
looks  down  on  me,  and  knows  what  I  am,  and  hears 
my  words.  May  the  Almighty  send  a  good  spirit  to 
brood  over  you,  my  brothers,  to  move  you  to  help  me. 
If  a  white  man  had  land,  and  some  one  should  swindle 
him,  that  man  would  try  to  get  it  back,  and  you  would 
not  blame  him.  Look  on  me.  Take  pity  on  me,  and 
help  me  to  save  the  lives  of  the  women  and  children. 
My  brothers,  a  power,  which  I  cannot  resist,  crowds 
me  down  to  the  ground.  I  need  help.  I  have  done." 

TA-ZHA-BUT'S  SPEECH. 

"  In  the  start  I  knew  nothing  of  what  was  going  on. 
I  was  holding  the  handles  of  my  plow.  I  had  a  home. 


34  THE  PONCA  CHIEFS. 

I  built  a  good  stable.  I  raised  cattle  and  hogs  and  all 
kinds  of  stock.  I  broke  land.  All  these  things  I  lost 
by  some  bad  man.  Any  one  knows  to  take  a  man 
from  a  cold  climate,  and  put  him  in  the  hot  sun  down 
in  the  south  it  would  kill  him.  We  refused  to  go 
down  there.  We  afterwards  went  down  to  see  our 
friends,  and  see  how  they  liked  it.  Brothers,  I  come 
home  now.  I  took  my  brothers  and  friends  and  came 
back  here.  We  went  to  work.  I  had  hold  of  the 
handles  of  my  plow.  It  looks  this  way:  The  govern 
ment  wants  me  to  go  back,  but  I  think  it  would  be  a 
better  plan  for  me  to  go  to  work  and  raise  something 
to  live  on  next  winter.  Down  there  it  weakens  me  all 
over.  My  hands  drop  down  by  my  sides,  and  I  cannot 
use  them.  We  all  feel  sick  all  the  time.  I  desire  to 
stay  here,  where  I  can  work  and  raise  plenty  to  eat 
for  my  family." 

Gen.  Crook. — "How  long  since  you  went  down 
there?" 

Answer.— "In  1877,  May  or  June." 

Gen.  Crook.—"  I  have  heard  all  this  story  before.  It 
is  just  as  they  represent  it.  It  has  long  since  all  been 
reported  to  Washington." 

Gen.  Crook,  turning  to  Standing  Bear,  said: 

"It  is  a  very  hard  case,  but  I  can  do-nothing  myself. 
I  have  received  an  order  from  Washington  and  I  must 
obey  it.  They  have  all  the  facts  in  Washington,  and 
it  would  do  no  good  for  me  to  intercede.  I  might  send 
a  telegram,  but  it  is  likely  to  do  more  harm  than  good. 
They  can  stay  here  a  few  days  and  let  their  stock 
strengthen  up. " 


STANDING  BEAR  FINDS  A  FRIEND.      35 

Standing  Bear  then  said  he  would  like  to 
say  a  few  more  words,  and  General  Crook  gave 
him  permission.  He  said: 

"I  have  been  going  around  for  three  years.  I  have 
lost  all  my  property.  My  constant  thought  is,  '  What 
man  has  done  this  ? '  Of  course  I  know  I  cannot  say  '  no. ' 
Whatever  they  say  I  must  -do,  I  must  do  it.  I  know 
you  have  an  order  to  send  me  to  the  Indian  Territory, 
and  we  must  obey  it.  I  have  this  request  to  make. 
The  Great  Father  orders  us  to  go  back  to  the  Indian 
Territory.  He  should  give  us  some  money  to  pay  our 
expenses  and  buy  such  things  as  we  need  on  the  way. 
Half  of  my  people  here  are  sick,  and  of  course  they 
will  die  before  we  get  there,  and  they  must  be  buried. 
I  wish  the  Great  Father  would  give  us  money  to  pay 
the  necessary  expenses." 

Gen.  Crook. — "All  we  can  do  is  to  give  you  what 
rations  you  will  require  on  the  way  down.  You  will 
be  permitted  to  take  all  your  stock  with  you,  and  you 
can  go  slowly.  It  is  a  very  disagreeable  duty  to  send 
you  down  there,  but  I  must  obey  orders." 

At  the  close  of  the  council  Lieut.  Carpenter 
reported  to  General  Crook  that  six  of  the  In 
dians  were  \ery  sick  and  needed  medical  at 
tention.  Gen.  Crook  made  some  inquiries  and 
found  the  post  surgeon  had  prescribed  for  them 
that  morning. 

It  was  nearly  three  o'clock  when  the  editor 
reached  his  office.  He  first  wrote  out  the 


36  THE  PONCA  CHIEFS. 

speeches  and  Gen.  Crook's  reply,  and  then 
made  arrangements  to. have  them  telegraphed 
to  different  papers  in  New  York,  Chicago  and 
other  cities.  Then  he  sat  himself  down  and 
wrote  three  columns  of  editorial  matter  for  the 
paper  in  the  morning.  At  3.30  A.M.  he  stretched 
himself  out  on  his  bed  for  a  sleep,  remarking 
that  he  had  made  some  hard  campaigns  for  the 
liberty  of  black  men  with  pistol  and  sabre,  but 
this  campaign  for  the  liberty  of  the  Indian,  in 
which  the  pen  was  the  only  weapon,  required 
just  as  much  physical  endurance.  Consoling 
himself  with  the  thought  that  the  whole  coun 
try  would  know  all  about  it  in  the  morning,  he 
was  soon  sound  asleep. 


THE  PONCA  CHIEFS.  37 


CHAPTER  III. 

A   FLANK   MOVEMENT  ON  THE   INDIAN   EING. 

AFTER  nine  hours  of  sleep,  so  deep  and  un 
conscious  that  an  earthquake  would  not  have 
disturbed  it,  the  editor  arose.  He  had  some 
hope,  not  much  (for  he  knew  of  the  red  tape 
way  of  doing  things  in  the  departments  in 
Washington),  that  there  might  come  a  reply 
to  the  dispatch  sent  to  the  Secretary  of  the 
Interior.  For  the  next  four  or  five  days  he 
watched  his  eastern  exchanges  to  see  what 
effect  the  telegrams  sent  out  would  have  on 
the  country.  The  first  that  came  to  hand  were 
the  Chicago  Tribune  and  Missouri  Republican. 
Both  took  strong  ground  for  the  Poncas  and 
denounced  the  cruelties  practised  upon  them, 
and  following  after  came  the  New  York  Her 
ald,  Tribune,  Sun,  and  many  others.  No  word 
came  from  Mr.  Carl  Schurz,  who  was  the  man 
that  under  the  interpretations  given  to  the 
laws  in  this  boasted  "land  of  the  free"  could, 
by  a  single  word,  doom  these  thirty  Indians  to 


38  THE  PONCA  CHIEFS. 

death  and  slavery,  or  set  them  free.  He  took 
from  the  shelf  the  Constitution  of  the  United 
States  and  read  the  portions  referring  to  per 
sonal  liberty  with  greater  interest  than  ever  in 
his  life  before,  and  between  the  writing  of  edi 
torials  on  current  affairs  made  up  his  mind  on  a 
new  course  of  action.  He  would  find  out  whether 
the  courts  regarded  an  Indian  as  a  man,  or  simply 
as  a  brute,  whether  he  "  had  any  rights  which 
a  white  man  was  bound  to  respect."  He  found 
himself  again  contending  for  exactly  the  same 
principles  for  which  he  fought  twenty-four 
years  ago,  the  equality  of  all  men  before  the  law. 
To  test  the  case  there  must  be  a  lawsuit. 
But  a  lawsuit  would  cost  money.  Now,  every 
body  knows  that  an  honest,  genuine  newspaper 
man,  never  can  earn  more  than  a  support  for 
his  family.  If  he  has  money  to  spare,  it  is  a 
sure  sign  he  has  been  writing  up  somebody,  or 
advocating  some  project  for  which  he  has  been 
paid  outside  of  his  regular  salary.  A  news 
paper  man  in  the  West  is  expected  to  work  fif 
teen  hours  a  day,  get  from  fifteen  to  twenty- 
five  dollars  a  week  for  it,  and  take  part  of  that 
out  in  advertising.  However,  as  he  had  once 
routed  a  battalion  of  border  ruffians  by  the  ex 
ercise  of  "pure  cheek"  he  determined  to  en 
deavor  to  carry  on  a  lawsuit  in  the  same  way. 


A  FLANK  MOVEMENT.  39 

There  was  a  lawyer  in  Omaha  who  had  grad 
uated  at  the  same  college  that  he  did,  and  with 
whom  he  was  on  the  intimate  terms  of  friend 
ship.  This  lawyer  had  been  president  of  the 
Nebraska  constitutional  convention,  had  a  very 
large  practice,  was  a  hard  student,  and  a  man 
whose  opinions  commanded  respect  in  the 
courts  and  outside.  He  laid  the  case  before 
him,  and  told  him  he  believed  a  writ  of  habeas 
corpus  would  hold.  The  lawyer,  Hon.  John 
L.  Webster,  took  the  matter  under  advisement. 

The  next  day  when  the  editor  called,  Mr. 
Webster  said: 

"  This  is  a  question  of  vast  importance.  A  petition 
for  such  a  writ  must  be  based  upon  broad  constitutional 
grounds,  and  the  principles  involved  in  it  underlie  all 
personal  liberty.  It  is  a  question  of  the  natural 
rights  of  men,  &uch  as  was  discussed  by  the  fathers 
and  founders  of  this  government.  I  am  not  satisfied 
that  a  writ  would  hold,  on  account  of  the  peculiar  re 
lation  of  Indians  to  the  government.  They  have  al 
ways  been  treated  as  'wards,'  as  incapable  of  making 
contracts,  etc.,  but  it  will  do  no  harm  to  try.  It  seems 
to  me  that  there  ought  to  be  power  somewhere  to  stop 
this  inhuman  cruelty,  and  if  it  does  not  reside  in  the 
courts  where  shall  we  find  it?  My  services  are  at  your 
disposal,  but  on  account  of  the  magnitude  of  the  ques 
tions  involved  I  would  like  to  have  assistance.  If  Hon. 
A-  J.  Poppleton  will  assist  me,  I  will  go  right  to  work 
and  draw  up  the  papers.  I  know  of  no  lawyer  in  these 


40  THE  PONCA  CHIEFS. 

United  States,  who  can  handle  these  underlying,  fun 
damental  questions  of  government  and  human  liberty 
more  ably  than  he." 

The  editor  started  to  find  Mr.  Poppleton. 
He  knew  he  was  considered  without  a  peer  in 
the  legal  profession  in  the  State,  and  that  as 
an  orator  there  were  few  in  the  whole  country 
who  could  so  entrance  an  audience.- 

Mr.  Poppleton  had  just  returned  from  the 
east.  He  was  given  a  printed  account  of  the 
treatment  of  the  Poncas,  and  the  matter  left 
with  him.  The  next  day  he  was  called  upon, 
and  he  said: 

"  I  believe  you  have  a  good  case.  I  think  we  can 
make  the  writ  hold.  It  is  true  that  these  Indians 
have  been  held  by  the  courts  as  '  wards  of  the  nation,' 
but  this  writ  was  intended  for  the  weak  and  helpless— 
for  wards  and  minors.  A  ward*  cannot  make  a  con 
tract,  but  it  does  not  follow  from  that,  that  the  guard 
ian  can  imprison,  starve  or  practise  inhuman  cruelty 
upon  the  ward.  The  courts  always  have,  and  always 
will  interfere  in  such  cases.  I  will  undertake  this 
case,  and  you  can  inform  Mr.  Webster  that  I  will  give 
to  it  close  attention  and  my  best  efforts." 

The  form  of  the  petition  was  given  as  care 
ful  study  as  the  necessity  for  haste  would  per 
mit.  The  Indians  were  likely  to  be  started 
south  at  any  moment.  Judge  Dundy,  before 


A  FLANK  MOVEMENT.  41 

whom  the  case  had  to  he  brought,  lived  a  hun 
dred  and  fifty  miles  away.  Considerable  tele- 
garaphing  was  done  to  reach  him,  and  find 
where  he  would  hear  the  application.  After  a 
day  or  two  it  was  decided  he  would  hear  it  in 
Lincoln. 

The  form  of  the  petition  was  as  follows: 

"In  the  District  Court  of  the  United  States  for  the 
District  of  Nebraska. 

"Ma  chu-nah-zha  (Stand  ing  Bear)  vs.  George  Crook,  a 
Brigadier-General  of  the  Army  of  the  United  States, 
and  commanding  the  Department  of  the  Platte. 

"In  the  matter  of  the  application  of  Ma-chu-nah-zha 
(Standing  Bear),  etc.,  for  a  writ  of  habeas  corpus. 
"To  the  Honorable  Elmer   S.  Dundy,    Judge  of  the 

District  Court  of  the  United  States,  for  the  District  of 

Nebraska. 

"The  petition  of  Ma-chu-nah-zha  (Standing  Bear), 
Ta-zha-but  (Buffalo  Chip),  Shan-gu-e-he-zhe  (Yellow 
Horse),  Nu-don-ah-gaz  (Cries  for  War),  Wa-the-ha- 
cuh-she  (Long  Runner),  Wan-chu-dun  (Crazy  Bear), 
Me-tha-zhin-ga  (Little  Duck),  Ta-the-ga-da  (Buffalo 
Track),  Ka-wig-i-sha  (Turtle  Grease),  Min-i-chuck 
(Walk-in-the-Mud),  Ta-do-mon-e  (Walk-in-the-Wind), 
Me-gah-sin-de  (Coon's  tail),  E-tun-kah  (Big  Mouth), 
Wah-thi-ga  (Swift),  Ta-wau-oo  (Buffalo  Cow).  Ma- 
shnd-da-de  (Feather  Crazy),  Ze  mon-a  (Walking 
Yellow),  Oo-moo-ah  (Good  Provision),  Susette 
Primo,  Laura  Primo,  Ta-nigh-ing-ah  (Little  Buf 
falo  Woman),  Kre-ah-du  wah  (Midst-of-t  he-Eagles), 
Me-he-da-wah  (Midst-of-the-Sun),  Za-zi-zi  (Yellow  Spot- 


42  THE  PONCA  CHIEFS. 

ted  Buffalo),  No-zha-zhe  (Grown  Hair),  Wa-gang-wah, 
Who  respectfully  show  unto  your  honor,  that  each  and 
all  of  them  are  prisoners  unlawfully  imprisoned,  de 
tained,  confined  and  in  custody,  and  are  restrained 
of  their  liberty  under  and  by  color  of  the  alleged  au 
thority  of  the  United  States,  by  George  Crook,  a 
Brigadier- General  of  the  Army  of  the  United  States, 
and  Commanding  the  Department  of  the  Platte,  and 
are  so  imprisoned,  detained,  confined,  and  in  custody 
and  restrained  of  their  liberty  by  said  George  Crook  at 
Fort  Omaha,  on  a  military  reservation,  under  the  sole 
and  exclusive  jurisdiction  of  the  United  States,  and 
located  within  the  Territory  of  the  district  of  Nebraska. 
That  said  imprisonment,  detention,  confinement  and  re 
straint  by  said  George  Crook  as  aforesaid  are  so  done  by 
him,  under  and  by  virtue  of  some  order  or  direction 
of  the  United  States,  or  some  department  thereof,  and 
which  order  or  direction  is  not  more  particularly 
known  to  these  complainants  whereby  they  are  unable 
to  more  particularly  set  the  same  forth,  save  that  the 
complainants  are  informed  and  believe  that  said  order 
or  direction  is  to  the  effect  that  these  complainants  be 
taken  as  such  prisontrs  to  the  Indian  Territory. 

"  These  complainants  further  represent  that  they  are 
Indians,  and  of  the  nationality  of  the  Ponca  tribe  of  In 
dians,  but  that  for  a  considerable  time  before,  and  at 
the  time  of  tteir  arrest  and  imprisonment,  as  herein 
more  fully  set  forth,  they  were  separated  from  the 
Ponca  tribe  of  Indians,  and  that  so  many  of  the  said 
Ponca  tribe  of  Indians  as  maintain  their  tribal  rela 
tions  are  located  in  the  Indian  Territory. 

"  That  your  complainants  at  the  time  of  their  arrest 
and  imprisonment  were  lawfully  and  peacefully  resid- 


A  FLANK  MOVEMENT.  43 

ing  on  the  Omaha  Reservation,  a  tract  of  land  set 
apart  by  the  United  States  to  the  Omaha  tribe  of  In 
dians,  and  within  the  territory  of  the  District  of  Ne 
braska,  and  were  so  residing  there  by  the  consent 
of  said  Omaha  tribe  of  Indians,  and  on  lands  set  apart 
to  your  complainants  by  said  Omaha  tribe  of  Indians. 
That  your  complainants  have  made  great  advancements 
in  civilization,  and  at  the  time  of  the  arrest  and  im 
prisonment  of  your  complainants,  some  of  them  were 
actually  engaged  in  agriculture,  and  others  were  making 
preparations  for  immediate  agricultural  labors,  and 
were  supporting  themselves  by  their  own  labors, 
and  no  one  of  these  complainants,  were  receiving 
or  asking  support  of  the  government  of  the  United 
States. 

"That  your  complainants  were  not  violating  and 
were  not  guilty  of  any  violation  of  any  law  of  the 
United  States  for  which  said  arrest  and  imprisonment 
were  made. 

"That  while  your  complainants  were  so  peacefully 
and  lawfully  residing  on  said  Omaha  Reservation  as 
aforesaid,  they  were  each  and  all  unlawfully  impris 
oned,  detained,  confined,  and  restrained  of  their  liberty 
by  said  George  Crook,  as  such  Brigadier-General,  com 
manding  the  Department  of  the  Platte,  and  as  such 
prisoners  were  transported  from  their  said  residence  at 
the  Omaha  Reservation  to  Fort  Omaha,  where  they 
are  now  unlawfully  imprisoned^  detained,  confined,  and 
restrained  of  their  liberty  by  said  George  Crook,  as 
aforesaid. 

'•'  Wherefore  these  complainants  say  that  their  said 
imprisonment  and  detention  is  wholly  illegal,  and  they 
demand  that  a  writ  of  habeas  corpus  be  granted,  di. 


44  THE  PONCA  CHIEFS. 

reeled  to  the  said  George  Crook,  a  Brigadier-General 
of  the  army  of  the  United  States,  commanding  the  De 
partment  of  the  Platte,  commanding  him  to  have  the 
bodies  of  (here  followed  the  list  of  names)  before 
your  honor  at  a  time  and  place  therein  to  be  specified, 
to  do  and  receive  what  shall  then  and  there  be  consid 
ered  by  your  honor  concerning  them,  together  with  the 
time  and  cause  of  their  detention,  and  said  writ,  and 
that  the  complainants  may  there  be  restored  to  their 
liberty. 

"  Ma-chu-nah-zah  (Standing  Bear),  his  X  mark. 

"  Ta-zha-but  (Buffalo  Chip),  his  X  mark. 

"Ma-dele-chu  dun  (Crazy  Bear),  his  X  mark. 

"  Shan-ga-he-zhe  (Yellow  Horse),  his  X  mark. 

"  Ma-chu-dun-ah-gaz  (Cries  for  War),  his  X  mark. 

"  Wa  the-ha-cuh-sbe  (Long  Runner),  his  X  mark. 

"  Ta  the-ga-da  (Buffalo  Track),  his  X  mark. 

"  Me-tha-zhing-ga  (Little  Duck),  his  X  mark. 

"A.  J.  POPPLETON  and  JNO.  L.  WEBSTER. 

"  Atttfsfor  Petitioners. 

"UNITED  STATES  OP  AMERICA,  ) 
"DISTRICT  OF  NEBRASKA.        vss. 
"DOUGLAS  Co.  ) 

"  Ma-chu-nah-zha  (Standing  Bear),  his  X  mark. 
"  Ta-zha-but  (Buffalo  Chip),  his  X  mark. 
"  Ma-del  e-chu-dun /Crazy  Bear),  his  X  mark. 
"  Shan-ga-he-zhe  (Yellow  Horse),  his  X  mark. 
"  Ma-chu-dun-ah-gaz  (Cries  for  War),  his  Xmark. 
"Wa-the-ha-cuh-she  (Long  Runner),  his  X  mark. 
"  Ta-the-ga-da  (Buffalo  Track),  his  X  mark. 
"Me-tha-zhing-ga  (Little  Duck),  his  X  mark. 


A  FLANK  MOVEMENT.  45 

being  first  duly  sworn,  according  to  law,  do  severally 
say  the  facts  stated  in  the  foregoing  complaint  are  true. 
"  Ma-chu-na-zah,  his  X  mark. 
"  Ta-zha-but,  his  X  mark. 
"Ma-dele-chu-dun,  his  X  mark. 
"  Shan-ga-he-zhe,  his  X  mark.  ' 
"  Ma-chu-dun-ah  gaz,  his  X  mark. 
"  Wa-the-ha-cuh-she,  his  X  mark. 
"  Ta-the-ga-da,  his  X  mark. 
"  Me-tha-zhmg-ga,  his  X  mark. 
"  Witnesses. 

"T.  H.  TIBBLES,  W.  L.  CARPENTER,  TJ.  S.  A. 
"Subscribed  in  my  presence,  and  sworn  to  before  me, 
this  the  4th  day  of  April,  A.  D.  1879. 

"  HOMER  STULL,  Notary  Public" 

[RETURN.] 

"  To  tlie  Hon.  Elmer  8.  Dundy,  U.  S.  District  Judge, 
for  the  District  of  Nebraska, — 

"As  directed  by  your  writ  of  habeas  corpus,  dated 
April,  8,  1879,  requiring  me  to  take  and  have  the  bodies 
(list  of  names)  by  me  "imprisoned  and  detained  as  it  is 
said,  together  with  the  time  and  cause  of  such  imprison 
ment,  and  such  detention  within  ten  days  after  the  ser 
vice"  thereof,  and  to  do  and  receive  what  shall  then  and 
there  be  considered  concerning  the  said  persons,  and 
to  have  them  and  this  said  writ;  I  have  the  honor  re 
spectfully  to  state  and  return  in  obedience  to,  and  with* 
the  said  writ,  that  the  bodies  of  the  aforesaid  persons 
are  as  required  produced. 

"That  the  time  of  their  detention  at  Fort  Omaha,Neb., 
is  from  the  27th  of  March,  1879,  as  appears  by  the  report 


46  THE  PONCA  CHIEFS. 

of  the  commanding  officer  at  that  Fort;  copy  of  which, 
and  of  the  special  order  therefor,  is  hereto  attached  and 
made  part  of  this  return,  with  like  effect  as  though  fully 
set  forth  herein;  that  I  am  the  Brigader- General  U.  S. 
A.  commanding  the  Military  Department  of  the  Platte, 
and  all  officers  and  soldiers  stationed  therein,  and  as 
such  commanding  officer,  subject  to  the  orders  of  my 
military  superiors. 

"That  the  cause  of  the  detention  of  aforenamed 
Indians  is  the  request  of  the  Secretary  of  the  Interior, 
and  the  orders  of  my  commanding  officers,  General  Sher 
man  and  Lieuten ant-General  Sheridan,  based  thereon. 
"  Which  orders  were  to  me  communicated  and  directed 
by  the  first  and  second  endorsements  on  the  copy  of  the 
letter  of  Hon.  C.  Schurz,  Secretary  of  the  Department 
of  the  Interior,  dated  March  7,  1879,  and  addressed  to 
the  Secretary  of  War,  enclosing  a  copy  of  a  telegram, 
dated  March  4th,  1879,  addressed  to  the  Commissioner 
of  Indian  Affairs  at  Washington,  D.  C-,  and  signed 
Jacob  Yore,  Indian  Agent,  copies  of  which  letters&and 
telegrams  and  of  said  indorsements,  are  also  hereto 
attached  and  made  part  of  this  return,  with  like  effect 
as  though  fully  set  forth  herein,  whereby  it  appears 
that  the  Hon.  Secretary  of  the  Interior  requested  the 
Secretary  of  War  'that  the  nearest  military  comman 
der  (to  the  Omaha  Indian  Agency)  may  be  instructed 
to  detail  a  sufficient  guard  to  return  these  Poncas 
where  they  belong.' 

"  Wherefore  the  undersigned  asks  to  be  released  from 
said  writ,  and  that  said  Indians  maybe  returned  to  him 
for  the  fulfilment  of  his  orders  concerning  them. 
"GEORGE  CROOK,  Brigadier-General. 

"  Commanding  Department  of  the  Platte." 


A  FLANK  MOVEMENT.  47 

"  STATE  OF  NEBRASKA,  ) 
"  COUNTY  OP  DOUGLAS,  f  " 

"Personally  appeared  before  me,  Brigadier-General 
George  Crook,  U.  S.  Army,  who,  being  duly  sworn 
according  to  law,  deposes  and  says  that  the  statements 
made  in  the  foregoing  return  are  true  so  far  as  they 
are  within  his  knowledge,  and  as  he  is  officially  informed 
and  believes,  of  such  facts  as  are  stated  as  based  on 
official  information. 

"GEORGE  CROOK,  Brigadier- General  U.  8.  Army. 

"  Sworn  and  subscribed  this  llth  day  of  April,  1879, 
before  me. 

[Seal.]  "  WM.  K.  BOWEK,  Notary  Public." 


[COPY.] 

"HEADQUARTERS  FORT  OMAHA,  NEB., 
"March  26th,  1879. 

"  To  the  Assistant  Adjutant  General,  Department  of  the 
Platte,  Fort  Omaha,  Neb.— 

"  SIR, — In  pursuance  of  instructions  of  the  19th  inst, 
from  department  headquarters,  I  have  the  honor  to 
report  the  arrival  at  this  post  on  the  27th  inst.,  from  the 
Omaha  Tndinn  Agency,  of  twenty-six  Ponca Indians,  con- 
sistingof  eight  men,  seven  women,  and  eleven  children. 
Several  of  the  Indians  are  sick  with  chills  and  fever, 
and  it  will  be  necessary  for  the  entire  party  to  remain 
here  for  a  few  days  so  that  their  ponies  may  recuperate 
sufficiently  to  enable  them  to  proceed  on  their  return 


48  THE  PONCA  CHIEFS. 

to  the   Indian  Territory.     I  am,  sir,  very  respectfully 
your  obedient  servant, 
(Signed.)  "  JNO.  H.  KINO. 

"  Col.  Qth  Infantry,  Commanding." 
"  Official  copy. 

"E.  WILLIAMS,  Ass' t  Adft  General." 

[copy.] 

"HEADQUARTERS  FORT  OMAHA,  NEB.,  ) 
"  March  20,  1879.  f 

' '  Special  orders,  No.  33. 

"  In  obedience  to  instructions  from  headquarters,  Pe- 
parlment  of  the  Platte,  of  the  19th  inst.,  First  Lieut.  W. 
L.  Carpenter,  9th  Infantry,  with  a  guard  consisting 
of  *  *  *  *  *  *  will 

proceed  without  delay  to  the  Omaha  Indian  Agency, 
Neb.  Upon  arrival  thereat,  Lieut.  Carpenter  will  call 
upon  the  agent  in  charge  for  the  thirty  Ponca  Indiansiwho 
are  reported  to  have  recently  arrived  at  that  Agency 
from  the  Indian  Territory. 

"Upon  receiving  these  Indians  Lieut.  Carpenter  and 
the  guard  will  bring  them  to  this  post. 

"The  quartermaster's  department  will  furnish  the  ne 
cessary  transportation,  consisting  of  our  four  mule 
team  and  three  saddle  horses. 

******* 
"By  order  0/CoL.  JOHN  H.  KING,  9to  Infantry. 
(Signed.)    "  "J.  M.  LEE. 

"Fifst  Lieut,  and  Adft,  Wh  Infy,  Post  Headquarters, 
Dept.  of  the  Platte." 

"Ass'T  ADJ'T  GENL'S  OFFICE,  .       } 
"FORT  OMAHA,  NEB.,  April  llth,  1879.  J 

"  Official  Copy. 

"R.  WILLIAMS,  Ass't  Adft  General." 


A  FLANK  MOVEMENT.  49 

[COPY.] 

"  DEPARTMENT  OF  THE  INTERIOR,         ) 
"WASHINGTON,  March  7th,  1879.  ) 

"The  Honorable,  the  Secretary  of  War: 

"  SIR, — I  have  the  honor  to  transmit  herewith  a  copy 
of  a  telegram,  dated  Omaha,  Neb.,  March  4th,  1879, 
addressed  to  the  Commissioner  of  Indian  Affairs  by 
Jacob  Vore,  U.  S.  Indian  agent  at  Omaha  Agency,  Neb., 
and  by  the  Commissioner  referred  to  this  department, 
with  the  information  that  thirty  Ponca  Indians  who 
have  left  their  agency  in  the  Indian  Territory  without 
permission  have  just  arrived  at  the  first  named  Agency. 

"  lu  accordance  with  the  desire  of  the  Commissioner, 
I  respectfully  request  that  the  nearest  military  com 
mander  may  be  instructed  to  detail  a  sufficient  guard 
to  return  these  Poncas  to  the  Agency  where  they 
belong.  Very  respectfully, 

"(S.  D.)  "C.  SCHURZ,  Secretary." 

"  A  true  copy. 

"  H.  B.  BURNHAM,  Judge  Advocate,  U.  S.  A." 

[COPY   TELEGRAM.] 

"OMAHA,  NEB.,  March  4th,  1879. 
"To  the  Commissioner  of  Indian  Affairs,  Washington,  D.  C. 
"The  Poncas  have  just  arrived,  thirty  in  number;  had 
them  arrested ;  they  promise  to  remain  for  orders;  have 
no  place  to  confine  them.     I  await  instructions. 
"  (S.  D.)  "JACOB  VORE,  Indian  Agent. 

"  A  true  copy. 

"H.  B.  BURNHAM,   Judge  Adwcaie,  U.  S.  A." 


50  THE  PONCA  CHIEFS. 

"Edorsements  on  copy  of  letter  of  the  Secretary  of 
the  Interior  dated  March  7th,  1879,  to  the  Secretary  of 
War,  transmitting  copy  of  telegram  from  Jacob  Vore, 
Indian  Agent,  OmaLa  Agency,  of  March  4th,  1879, 
stating  that  thirty  Ponca  Indians  have  just  arrived  at 
that  Agency  from  Indian  Territory,  and  requests  de 
tail  of  a  guard  to  return  them  to  their  Agency. 

"Official  copy  referred  by  General  Sherman,  March 
14th,  1879,  to  Lieut. -General  P.  H.  Sheridan,  Com'g. 
Mil.Div.  of  Mo.,  to  comply  with  the  request  of  the  In 
terior  Department. 

"Ref erred  by  Lieut. -General  Sheridan,  March  17th, 
1879,  to  the  Com'g  General  Department  of  the  Platte 
for  action." 

"  HEADQUARTERS  DEP'T  OF  THE  PLATTE,  ) 
ASS'T  ADJ'T  GEN'L'S  OFFICE, 

FORT  OMAHA,  NEB.  ,  March  19.  ) 

"Respectfully  referred  to  the  commanding  officer 
Fort  Omaha,  Neb.,  who  will  please  detail  an  officer 
and  a  guard  of  enlisted  men,  to  proceed  to  the  Omaha 
Agency,  and  return  the  Indians  to  their  Agency  in  the 
Indian  Territory,  as  directed  by  the  General  of  the 
Army.  If  the  Indians  referred  to  came  mounted,  as 
they  probably  did,  they  will  go  back  in  the  same  man 
ner,  and  in  this  event  it  will  be  necessary  to  provide 
horses  for  the  detachment  of  troops  returning  with 
them. 

"  By  command  of  BRIGADIER-GEN'L.  CROOK. 

(Signed)  "R,  WILLIAMS." 

"  UNITED  STATES  OF  AMERICA,  ) 
DISTRICT  OF  NEBRASKA,      y 

"I,  Watson  B.  Smith,  clerk  of  the  District  Court 
of  the  U.  S.,  for  the  District  of  Nebraska,  certify  that 


A  FLANK  MOVEMENT.  51 

I  have  compared  the  annexed  copy  of  return,  in 
case  of  TJ.  S.  ex  rel.  Ma-chu  nah-zah  (Standing  Bear), 
et  al.,  vs.  George  Crook,  Brigadier-General,  etc.,  with 
the  original  on  file  in  this  office,  and  that  the  same  is 
a  correct  transcript  thereof,  and  of  the  whole  of  said 
original. 

"  In  testimony  whereof  I  have  caused  the  seal  of  said 
court  to  be  affixed,  at  the  city  of  Omaha,  in  said 
District,  this  25th  day  of  April,  1879. 

(Seal)  "  WATSON.  B.  SMITH,  Clerk" 

By  the  consent  of  court,  and  agreement  of 
parties,  the  following  amendment  was  inserted 
in  the  body  of  the  return: 

"  That  the  said  complainant,  Standing  Bear,  is  an  In 
dian  Chief  of  the  Ponca  tribe  of  Indians;  that  the  other 
petitioners  are  members  of  said  tribe  of  Indians;  that 
said  complainants  have  not  dissolved,  but  still  retain 
their  tribal  relations  with  said  tribe  of  Ponca  Indians,- 
and  owe  allegiance  to  the  tribal  head  of  said  Ponca 
tribe  of  Indians ;  that  said  complainants  have  not  adopted 
and  are  not  pursuing  the  habits  and  vocations  of  civil 
ized  life;  that  these  complainants  are  not  illegally  re 
strained  of  their  liberty,  but  were  arrested  on  the 
Omaha  reservation,  where  tbey  were  in  violation  of 
law,  and  were  arrested  in  pursuance  of  the  authority 
herein  set  forth  for  the  purpose  of  returning  them  to 
the  Indian  Territory,  wrhere  they  belong." 

This  being  inserted  in  the  body  of  the  re 
turn,  appeared  on  the  record  over  the  signa 
ture  of  Gen.  Crook.  To  this,  through  the 


52  THE  PONCA  CHIEFS. 

Judge  Advocate  of  his  department,  Col.  Burn- 
ham,  he  protested.  He  did  not  wish  his  name 
signed  to  any  such  document,  or  statement, 
and  he  had  never  authorized  any  one  to  sign 
it  for  him. 

The  court  explained  that  he  was  not  signing 
it  as  Gen.  Crook,  personally,  but  as  a  Briga 
dier-General  of  the  Army,  and  for  the  Govern 
ment.  Gen.  Crook  continued  to  protest,  and 
Judge  Dundy  explained  again.  The  General 
never  did  give  his  consent  that  his  name  should 
go  to  it,  and  yet  that  is  the  way  it  appears  on 
the  records  of  the  court.  Such  are  some  of 
the  ways  of  the  law,  and  yet  Gen.  Crook  no 
doubt  to  this  day  cannot  see  why  it  was  neces 
sary  for  him  to  sign  a  statement  which  was 
not  true. 


THE  PONCA  CHIEFS.  53 


CHAPTER  IV. 

ME.  HAYT'S  ASSAULT  ON  STANDING  BEAE,  AND 

THE  EEPLY  THE  OLD  CHIEF  MADE. 

DUEING  the  ten  days  intervening  before  the 
trial,  several  things  happened  worthy  of  rec 
ord.  Commissioner  Hayt  published  the  follow 
ing  letter: 

WASHINGTON,  D.C.,  April  10th,  1879. 
TJie  Honorable  flie  Secretary  of  the  Interior: — 

"Sm, — I  have  the  honor  to  forward  herewith  a  brief 
statement  of  facts  regarding  the  Ponca  Indians,  who 
recently  went  from  the  Indian  Territory  to  Nebraska. 
By  the  treaty  of  1868  the  Sioux  were  given  lands  in 
Dakota  to  the  east  bank  of  the  Missouri  River,  which 
included  the  Ponca  reservation.  As  the  Poncas  and 
Sioux  had  been  at  feud  for  many  years  previous,  it 
became  necessary  to  remove  the  Poncas  from  their 
reservation  to  save  them  from  the  destruction  that 
would  be  likely  to  overtake  them  from  the  location  of 
the  Sioux  on  the  Missouri  River.  By  the  Indian  Ap 
propriation  acts  of  August  15,  1876,  and  March  3,  1877, 
Congress  provided  for  the  removal  of  the  Poncas  to 
the  Indian  Territory,  and  in  pursuance  thereof  they 
had  to  be  so  removed,  and  were  located  on  the  Quapaw 


54  THE  PONCA  CHIEFS. 

reservation.  They,  however,  expressed  great  dissatis 
faction  with  the  place  to  which  they  had  been  sent, 
and  undoubtedly  with  good  reason,  and  upon  their  re 
quest  they  were  permitted  to  send  a  large  representa 
tion  to  Washington  to  make  known  to  the  President 
and  to  the  department  their  grievances  and  wishes. 
There  being  no  way  by  which  their  request  to  be  sent 
back  North  could  be  complied  with  without  action  of 
Congress  in  the  matter,  they  were  permitted  to  make 
their  own  selection  among  the  best  lands  in  the  Indian 
Territory.  A  delegation  of  chiefs  was  accordingly 
sent  with  an  Indian  inspector,  and,  after  a  careful  ex 
amination  of  various  points,  they  selected  an  eligible 
location  at  the  junction  of  the  Salt  Fork  and  the  Ar 
kansas  River.  There  is  probably  no  finer  location  for  an 
Indian  settlement  in  the  Indian  Territory,  and  in  all  re 
spects  it  is  far  superior  to  their  old  location  in  Dakota, 
from  which,  in  previous  years,  they  had  themselves 
ask^d  the  department  to  remove  them. 

"I  visited  these  Indians  during  the  month  of  Octo 
ber  last,  and  found  their  condition  very  much  improved, 
both  as  to  their  outward  circumstances  and  their  feel 
ings.  Every  effort  was  made,  and  large  sums  of  money 
were  expended  to  provide  for  their  comfort,  and  they 
received  a  sawmill,  timber  and  all  appliances  for 
building  houses,  as  well  as  an  abundant  supply  of 
cattle  and  agricultural  implements,  and  they  entered 
upon  the  work  with  a  good  deal  of  determination,  and 
are  undoubtedly  succeeding  as  well  as  any  Indians 
could  under  the  most  favorable  circumstances.  It  is 
true  that  during  the  first  four  months  of  their  resi 
dence  in  the  Indian  Territory  they  lost  a  large  number 
by  death,  which  is  inevitable  in  all  cases  of  removal 


STANDING  BEAR'S  DEFENCE.  55 

of  Northern  Indians  to  a  Southern  latitude.  They 
have,  however,  been  in  the  Indian  Territory  long 
enough  to  become  acclimated.  Their  sanitary  condi 
tion  is  vastly  improved,  and  henceforward  they  may 
expect  to  have  as  good  health  as  they  would  in  any 
other  location. 

"During  my  visit  to  the  Agency  above  referred  to  I  as 
certained  that  Standing  Bear  was  dissatisfied,  but  that 
he  was  the  only  one  among  the  chiefs  who  showed  a 
bad  spirit.  He  was  constantly  grumbling,  and  held  aloof 
from  the  other  chiefs,'  and  .seemed  full  of  discontent, 
which  he  took  no  pains  to  conceal,  while  the  other 
Poncas  were  at  work.  The  agent  informed  me  that  he 
expected  that  Standing  Bear  would  leave  the  Agency  at 
the  first  favorable  opportunity.  It  was  not  thought  ex 
pedient  at  that  time  to  put  him  in  confinement,  as  one 
chief  out  of  ten  or  twelve  was  hardly  of  sufficient  im 
portance  to  deal  with  in  that  manner.  Soon  afterward 
he  made  his  escape,  and  at  the  present  time,  as  may 
be  judged  from  current  reports,  endeavors  to  attract 
public  sympathy  by  grossly  misrepresenting  the  cir 
cumstances  of  the  case.  The  removal  of  Northern  In 
dians  to  the  Indian  Territory  was  probably  not  good 
policy,  but  it  was  done  in  pursuance  of  laws  enacted 
before  the  present  administration  came  into  power. 

"  There  is  no  law  at  present  for  moving  these  In 
dians  back  to  their  old  reservation  or  to  any  other 
place.  If  the  reservation  system  is  to  be  maintained, 
discontented  and  restless  or  mischievous  Indians  can 
not  be  permitted  to  leave  their  reservation  at  will  and 
go  where  they  please.  If.  this  were  permitted  the 
most  necessary  discipline  of  the  reservations  would 
soon  be  entirely  broken  up,  all  authority  over  the  In- 


56  THE  PONCA  CHIEFS. 

dians  would  cease,  and  in  a  short  time  the  Western 
country  would  swarm  with  roving  and  lawless  bands 
of  Indians,  spreading  a  spirit  of  uneasiness  and  restless 
ness  even  among  those  Indians  who  are  now  at  work 
and  doing  well.  The  government  should  be,  and  un 
doubtedly  is,  willing  to  redress  all  their  real  grievances 
as  far  as  they  can  be  redressed ;  but  it  must,  in  my 
opinion,  be  done  in  such  a  way  as  not  to  subvert  all 
control  over  the  Indians,  or  to  put  all  arrangements 
made  in  pursuance  of  law  and  with  large  expenditures 
of  money  at  the  mercy  of  the  caprice  of  mischievous 
individuals  or  bands  among  the  Indian  tribes.  The 
task  of  transforming  the  nomadic  habits  of  Indians 
into  habits  of  permanent  settlement  and  steady  and 
self-supporting  work,  is  a  very  difficult  one  at  best,  re 
quiring  the  introduction  and  maintenance  of  certain 
rules  of  discipline  which  cannot  be  enforced  in  every 
case  without  sometimes  producing  individual  hard 
ships,  and  which  cannot  be  abandoned  without  detri 
ment  to  the  best  interests  of  the  large  majority  of  our 
Indian  wards. 

"  I  have  the  honor  to  be,  sir,  very  respectfully,  your 
obedient  servant.  E.  A.  HAYT,  Commissioner." 

This  letter  was  shown  to  Standing  Bear,  and 
he  made  the  following  reply  : 

"  The  Commissioner  says  our  lands  w^ere  given  to  the 
Sioux.  Who  had  any  authority  to  give  our  lands  to  the 
Sioux?  The  land  belonged  to  us,  and  not  to  the  Com 
missioner  or  General  Sherman.  What  right  had  he  to 
give  it  to  the  Sioux?  The  Ponca  tribe  was  never  in 
formed  of  any  such  transaction,  and  never  agreed  to 


STANDING  BEAR'S  DEFENCE.  57 

do  anything  of  the  kind.  What  would  the  Commis 
sioner  think  if  some  man  should  give  his  land  to  the 
Sioux.  He  says  we  are  not  sick  any  more  in  the  Indian 
Territory.  I  will  only  point  you  to  these  lodges. 
There  are  now  seven  very  sick  people  in  them,  out  of 
this  small  party.  The  army  doctor  who  is  attending 
to  them  will  tell  you  how  sick  they  are,  and  that  they 
caught  their  sickness  down  there.  Seven  persons  out  of 
thirty  very  sick,  and  five  or  six  others  not  well  enough 
to  work,  proves  that  the  Commissioner's  words  are  not 
true.  There  is  the  same  proportion  of  sick  in  all  the 
tribe.  The  Commissioner  says  I  show  a  bad  spirit! 
He  must  have  changed  his  mind  about  me.  I  will  show 
you  a  paper  signed  by  his  own  name,  and  you  can 
judge  whether  he  told  the  truth  then,  or  whether  he 
tells  it  now. " 

Standing  Bear  then  went  to  a  trunk  and  took 
out  a  large  roll  of  papers.  Among  them  was 
the  following: 

"DEPARTMENT  OF  THE  INTERIOR  ) 
"OFFICE  OF  INDIAN  AFFAIRS,      >• 
"WASHINGTON,  D.  C.,  Dec.  18th,  1877.  ) 
"  This  is  to  certify  that  Standing  Bear  is  a  chief  of 
the  Ponca  Indians.     This  tribe  is  at  peace  with  the 
United  States,  and  Standing  Bear  is  recognized  as  a 
chief  of  said  tribe,  whose  influence  has  been  to  preserve 
peace  and  harmony  between  the  Ponca  Indians  and  the 
United  States,  and  as  such  is  entitled  to  the  confidence 
of  all  persons  whom  he  may  meet.       *        *        *        * 
(Seal.)  "  E.  A.  HAYT,  Commissioner." 

It  was  remarked  that  "  Mr.  Hayt  gave  him  a 


58  THE  PONCA  CHIEFS. 

good  character."  Standing  Bear  did  not  seem 
to  understand,  for  he  replied,  "The  Commis 
sioner  did  not  give  me  a  good  character.  I  got 
my  character  by  a  long  life  devoted  to  the  ad 
vancement  of  my  tribe.  Many  years  before 
other  white  men  have  said  the  same  about  me. 
They  could  not  say  differently  if  they  told 
the  truth."  He  then  showed  the  following 
documents: 

"To  whom  it  may  concern: 

"  This  is  to  certify  that  Standing  Bear,  the  bearer 
hereof,  is  an  Indian,  full  blood,  of  the  Ponca  tribe, 
and  a  chief  of  said  tribe.  He  is  a  reliable  and  trust 
worthy  man,  of  industrious  habits,  and  rare  zeal  in  set- 
ting  a  good  example  to  the  Indians  and  inciting  them 
to  industrious  and  civilized  habits.  He  and  bis  wife 
are  one  in  the  good  work  of  providing  comfortably  for 
their  home  and  children,  who  are  likewise  taught  to 
work^and  respect  all  who  do.  If  the  Poncas  had  no 
other  councilors  but  such  men  as  Sta'nding  Bear,  their 
condition  would  not  long  be  one  of  helpless  dependence. 
I  most  heartily  commend  him  to  the  kindness  of  all  to 
whom  he  may  present  this. 

'•'A.  J.  CARRIER,  U.  8.  Indian  Agent." 

"Ponca  Agency,  D.  T.,  March  30th,  1876." 

' '  To  all  whom  this  may  come: 

"  The  bearer,  Ma-chu-na-zha  (Standing  Bear),  is  one  of 
the  liead  chiefs  of  the  Ponca  tribe  of  Indians.  He  is 
civil,  quiet  and  well-behaved,  a  warm  friend  of  the 
whites,  and  loyal  to  the  government.  He  is  deserving 


STANDING  BEAR'S  DEFENCE.  59 

of  respect  and  kind  treatment  from  all  to  whom  he 
may  present  himself  whenever  traveling  through  the 
settlements. 

.  H.  HUGO,  First  Lieutenant,  TJ-  S.  Army" 


Standing  Bear  exhibited  a  large  number  of 
these  documents,  all  speaking  of  him  in  the 
very  highest  terms,  some  of  them  dating  back 
as  far  as  1865.  After  they  were  examined 
Standing  Bear  remarked:  '"You  see  that  the 
Commissioner  did  not  give  me  my  character; 
he  only  certified  to  what  was  true." 

The  translation  of  the  letter  was  continued, 
and  that  part  was  read  where  Mr.  Hayt  says: 
"There  being  no  way  whereby  their  request  to 
be  sent  back  North  could  be  complied  with," 
Standing  Bear  smiled  and  said:  "  No  one  asked 
the  Commissioner  to  send  me  back  North.  All 
I  wanted  was  permission  to  come.  Now  I  am 
already  North,  and  that  difficulty  is  overcome. 
If  the  Commissioner  can't  send  me  North,  he 
seems  to  know  of  a  very  quick  way  to  send  me 
South." 

Coming  to  that  part  where  Mr.  Hayt  says 
"large  sums  were  expended,"  Standing  Bear 
said,  "That  may  be  so,  but  all  the  money  we 
ever  got  was  $6.25  a  head.  There  was  a  good 
deal  of  money  at  the  Agency.  I  know  that  we 
never  got  it.  Besides  I  don't  want  the  Com- 


60  THE  PONCA  CHIEFS. 

missioner's  money.  All  I  ask  is  to  be  allowed 
to  make  my  own  living.  I  can  take  care  of 
myself  if  they  don't  keep  me  under  arrest. 
The  statement  of  a  supply  of  cattle  and  agri 
cultural  implements  is  untrue." 

In  regard  to  the  disaffections  of  other  chiefs 
against  Standing  Bear,  he  said: 

"In  every  tribe  of  Indians  there  are  two  parties. 
First,  those  who  understand  that  it  is  necessary,  if  the 
Indians  are  not  all  to  be  exterminated,  to  go  to  work, 
to  learn  to  read  and  write  and  count  money,  to  be  like 
white  men.  Those  who  think  about  these  things  at 
all,  know  that  the  game  is  all  gone,  and  that  our  mode 
of  life  must  change.  Then  there  are  always  some  who 
believe  in  the  old  traditions,  who  think  the  Great 
Spirit  will  be  displeased  with  them  if  they  do  like 
white  men.  They  want  to  retain  their  old  habits  and 
religion.  They  hate  to  work.  They  want  to  lie  in  the 
shade  in  the  summer,  and  near  the  fire  in  the  winter, 
and  make  their  women  wait  on  them.  These  two 
classes  gather  around  the  chiefs  who  represent  these 
two  things.  There  are  a  few  of  these  Indians  who  do 
not  want  to  work  among  the  Poncas.  They  have  a 
chief,  and  he  don't  like  me,  because  I  tell  him  and  his 
band  that  they  are  not  good  Indians,  and  if  the  tribe 
should  follow  his  advice  there  would  soon  be  not  one 
Ponca  left  to  tell  what  had  become  of  us.  The  bad 
agents,  half-breeds,  and  all  those  who  make  their  liv 
ing  from  the  money  which  is  sent  to  tribes  which  are 
not  advanced  enough  to  make  their  own  living,  give 
a  great  deal  of  encouragement  to  this  sort  of  Indians, 


STANDING  BEAR'S  DEFENCE.  61 

and  pretend  that  they  have  a  great  deal  more  influence 
than  they  really  have.  I  represent  in  the  Ponca  tribe 
the  foremost  of  those  who  want  to  support  themselves, 
to  send  their  children  to  school,  to  build  houses,  to 
get  property  and  all  kinds  of  stock  around  us,  and  to 
be  independent.  It  may  be  that  those  lazy,  bad  In 
dians  told  the  Commissioner  that  I  had  no  influence. 
They  would  do  so  if  they  had  a  chance.  But  if  I 
could  go  down  to  the  Territory,  and  tell  all  the  tribe 
to  follow  me  who  wanted  to  work  and  send  their  chil 
dren  to  school,  nine  out  of  every  ten  would  come  with 
me.  A  few  would  object,  but  there  are  not  more  than 
fifteen  or  twenty  of  them.  White  Eagle  thinks  the 
same  way  about  these  matters  that  I  do.  He  is  a  good 
man,  and  has  great  influence  in  the  tribe.  The  Com 
missioner  may  have  intended  no  wrong  to  me  in  mak 
ing  the  statement.  He  may  have  been  so  informed, 
but  if  he  had  issued  an  order  for  my  arrest  he  would 
soon  have  learned  whether  I  had  friends  in  the  tribe 
or  not.  There  might  have  been  trouble,  for  I  could 
not  have  been  with  them  to  have  told  them  what  to 
do.  My  voice  has  always  been  for  peace.  Some 
others  have  advised  differently." 


62  THE  PONCA  CHIEFS. 


CHAPTER  V. 

THE  OMAHAS  COME  TO    STANDING  BEARDS  AID. 

THE  next  day  after  tliis  conversation,  the  fol 
lowing  petition  from  the  Omaha  tribe  was  re 
ceived.  The  petition  was  drawn  up  and 
forwarded  by  Chas.  P.  Morgan,  who  is  a  full- 
blooded  Omaha. 

OMAHA  AGENCY,  April  21,  1879. 
"  To  the  friends  of  the  Poncas  now  held  as  prisoners  at 

Omaha  barracks: 

"  We,  the  undersigned,  Omaha  Indians,  for  ourselves, 
and  on  behalf  of  the  Omaha  tribe,  wish  publicly  to 
declare  that  in  consideration  of  the  relationship  exist 
ing  between  our  tribe  and  those  Poncas,  and  under  a 
sense  of  the  dictates  of  common  humanity  to  our  race, 
we  are  anxious  for  their  return  to  our  reservation,  nnd 
are  willing  to  share  with  them  our  lands,  and  to  assist 
them  until  they  can,  by  their  industry,  support  them 
selves.  They  are  our  brothers  and  our  sisters,  our  un 
cles  and  our  cousins,  and  although  we  are  called  sav 
ages  we  feel  that  sympathy  for  our  persecuted  brethren 
that  should  characterize  Christians,  and  are  willing  to 
share  what  we  possess  with  them  if  they  can  only  be 
allowed  to  return  and  labor,  improve  and  provide  for 


RELIEF  FROM  THE  OMAHAS.  63 

themselves  where  they  may  live  in  peace,  enjoy  good 
health,  and  the  opportunity  of  educating  their  children 
up  to  a  higher  state  of  civilization.  They  came  here  to 
our  reservation  about  the  first  of  March,  from  the  In 
dian  Territory,  and  as  they  believe  from  the  jaws  of 
death,  even  bringing  sickness  with  them.  We  received 
them  kindly  and  hospitably,  and  afforded- them  such 
assistance  as  we  could  in  the  way  of  land  to  raise  a 
crop  this  summer,  and  they  were  preparing  to  go  to 
work  to  sow  and  plant  when  they  were  arrested  and 
taken  from  us  by  soldiers  without  any  just  cause  or 
provocation  that  we  or  they  know  of.  Having  learned 
with  thankfulness  that  the  good  people  of  Omaha,  and 
the  friends  of  humanity  and  justice  deeply  sympathized 
with  and  enlisted  in  the  cause  of  these  Poncas,  we  feel 
encouraged  to  appeal  to  you  for  a  continuance  of  your 
efforts  in  their  behalf,  until  their  right  to  live  among 
their  friends  and  brothers  and  enjoy  the  fruits  of  their 
labor  is  restored  to  them. 

"  Fire-Chief,  Standing  Hawk, 

"  Yellow  Smoke,  Hard- Walker, 

"Ga-he-ga,  Shon-ga-skah, 

' '  Paw-nee-num-puzzhe  Du-ba-  mo-ni, 

"  Ta-o-ka-hah,  Um-pa-tun-ga, 

"  Wah-ha-wn-ne,  Mowad-da-na, 

"  Num-ba-du-'.a,  Hog-ga-mo-ui, 

"  Gali-ke-a-mo-ni,  Wah-jap-pa, 

"  Wah-ke-da,  Nah-ha-wa-kah, 

"  Mah-pe-a-hog-ga,  Ta-noo-ga." 

The  New  York  Herald  made   the  following 
comment  upon  this  petition: 

"  The  appeal  of  the  Omaha  Indians  in  favor  of  their 


64  THE  PONCA  CHIEFS. 

kindred,  the  Poncas,  is  one  of  the  most  extraordinary 
statements  ever  published  in  America.  Whether  some 
portion  of  it  may  not  be  the  work  of  a  white  man  we 
are  not  prepared  to  deny  ;  but  the  facts  are  of  more 
consequence  than  the  rhetoric,  and  these  are  simply 
that  a  tribe  of  Indians,  nominally  civilized,  but  still 
savage  in  the  estimation  of  many  whites,  are  willing 
and  anxious  to  recieve  the  Poncas  on  their  reservation, 
allot  lands  to  them,  and  assist  them  until  they  can 
make  crops  and  support  themselves.  Many  white  men 
in  Nebraska  might  have  made  the  same  offer  without 
hurting  themselves,  and  the  news  of  such  a  deed  would 
have  gone  through  the  entire  Indian  country  with 
benefit  to  the  dominant  race.  But  white  men  did 
not  do  it.  Church  members  talked  and  petitioned, 
but  not  an  acre  of  laud  did  they  offer.  It  was  re 
served  for  a  band  of  heathen  redskins,  who  have 
hardly  yet  forgotten  the  war-whoop,  to  emphasize 
that  sympathy  which  civilization  and  religion  have 
talked  about— and  only  talked.  The  world  moves, 
but  civilization  seems  sometimes  to  stand  still,  while 
savages  pass  to  he  front  and  into  the  position  of 
honor." 

Rev.  J.  Owen  Dorsey,  who  is  engaged  in 
linguistic  labors,  preserving  various  Indian  lan 
guages,  was  at  the  Omaha  Agency  the  day  the 
Poncas  were  arrested.  Long  Runner  refused 
to  obey  the  order  to  go.  He  was  surrounded 
and  a  gun  was  placed  at  his  head.  He  told 
them  to  kill  him  there,  for  he  would  rather  die 
than  go  back.  He  was' tied  and  a  guard  placed 


RELIEF  FROM  THE  OMAHAS.  65 

over  him.     Word  was  sent  to  the  others  to  re 
port  and  be  ready  to  start  at  noon. 

Mr.  Dorsey  wrote  a  letter  to  Col.  Meacham, 
editor  of  The  Council  Fire,  who  was  at  the 
time  in  Washington,  in  which  he  said: 

"I  saw  them  leave  to-day.  All  but  the  prisoner 
(Long  Runner)  went  about  half  a  mile  in  advance  of 
the  soldiers  without  a  guard  and  without  a  struggle, 
save  that  which  was  going  on  in  their  own  hearts.  Their 
appeals  to  me  were*  touching.  Said  Standing  Bear: 
'  My  friend,  you  know  us.  We  can't  live  down  there 
where  the  Great  Father  put  us.  So  we  came  here  to 
live  and  work  the  land." 

Mr.  Dorsey  asked  Col.  Meacham  to  see  the 
Secretary  of  the  Interior  and  Commissioner 
and  appeal  to  them  in  Standing  Bear's  behalf. 
Col.  Meacham  made  the  following  report  of 
his  interview  with  them: 

"They  gave  me  a  patient  hearing.  I  read  your 
(Rev.  Mr.  Dorsey's)  letter  to  them  a  second  time.  Mr. 
Schurz  remarked : 

"That  is  a  sad  case.  I  feel  deeply  for  the  Poncas. 
They  are  peaceable  and  quiet,  and  I  wish  I  could  better 
their  condition." 

Mr.  Hayt — "There  is  no  use  of  talking  about  the 
Poncas  going  North.  They  must  remain  where  they 
are.  We  have  expended  large  sums  of  money  for 
them  in  their  new  home.  They  have  become  ac 
climated  (we//).  They  are  there  by  law(?).  They 
cannot  be  sent  North  without  authority  of  Congres 


66  THE  PONCA  CHIEFS. 

They  must  stay  where  they  are.  Those  who  have  left 
must  be  taken  back.  If  we  allow  them  to  stay  away 
the  others  will  follow." 

Col.  Meacham—  "If  a  mistake  has  been  made,  we 
made  it.  The  Indian  was  in  our  power.  He  was  help 
less,  and  is  still  helpless.  He  is  at  our  mercy.  He 
should  not  pay  the  peDalty  of  our  mistakes.  We 
have  it  in  our  power  to  relieve  him  of  the  wrong. 
True,  we  cannot  call  Lack  the  dead,  but  we  can  do 
justice  to  the  living.  Let  us  do  right  became  it  is  rigid" 

Mr.  Hayt— "Right  is  for  the  Poncas  to  stay  where 
we  have  placed  them.  If  we  suffer  them  to  leave  their 
homes,  the  Pawnees,  and  Cheycnnes  and  Ncz  Perces 
must  go  next.  We  cannot  do  that.  It  was  a  mistake 
to  give  the  Sioux  the  Ponca  country.  This  mistake  was 
made  by  Gen.  Sherman  before  our  administration 
began.  I  am  sure  Congress  will  cot  consent  to  send 
all  these  Indians  back  North.  We  must  reconcile  them 
to  stay  where  they  are  in  the  Indian  Territory." 

Col.  Meacham — "Gentlemen,  I  submit  that  there 
is  a  principle  involved  in  this  matter.  I  doubt  the 
right  of  any  man  to  say  that  another  man  shall  not 
live  where  God  placed  him.  If  the  Pawnees,  Poncas 
and  Nez  Perces  cannot  live  in  the  Indian  Territory  we 
ought  to  move  them  out. " 

Col.  Meacham  closes  his  report  of  this  inter 
view  with  these  words: 

"  The  Commissioner  insisted  that  the  Poncas  must 
return.  I  will  make  another  effort.  Ever  yours,  for 
God's  children,  "A.  B.  MEACHAM."* 


*Note:— Mr.  Meacham  afterward  visited  the  Poncas  in  the  Indian 
Territory  and  made  reports  which  greatly  injured  their  cause. 


THE  PONCA  CHIEFS.  67 


CHAPTER  VI. 

THE    OMAHAS    FRIGHTENED     AT    THE    CLAIMS    OP 
THE    COMMISSIONER. 

WHEN  the  letter  of  Commissioner  Hayt  was 
published,  the  educated  Omahas  were  fright 
ened,  because  it  claimed  absolute  power  over 
their  bodies,  to  remove  them  anywhere,  at  the 
will  of  the  Commissioner,  and  one  of  them 
wrote  a  letter  to  Omaha,  inquiring  if  the  Com 
missioner,  just  because  she  was  an  Indian,  could 
order  her  to  the  Indian  Territory,  New  Mexico, 
or  any  place  he  pleased,  and  she  could  not  ap 
peal  to  the  law  for  protection.  She  stated  that 
if  it  was  true,  rather  than  live  in  constant 
dread  of  such  a  fate,  she  would  go  to  Canada 
and  live  under  the  protection  of  the  British  gov 
ernment,  where  this  Commissioner  could  not  lay 
his  hands  on  her.  She  was  informed  that 
the  object  of  this  suit  was  to  ascertain  that 
very  thing. 

Actuated  by  a  similar  feeling,  another  Indian 
girl  prepared  a  statement  concerning  the  Poncas, 


68  THE  PONCA  CHIEFS, 

which  she  proposed  to  publish.  Not  knowing 
the  nature  of  the  document,  she  was  requested 
through  Mr.  Dorsey  to  forward  it  to  the  editor, 
that  it  might  be  submitted  to  counsel.  The  fol 
lowing  is  a  verbatim  copy  of  her  letter  and  the 
statement  which  she  prepared,  excepting  the 
blank  for  the  name: 

OMAHA  AGENCY,  April  29th,  1879. 

"MB.  ,  DEAR  Sm. — Mr.   Dorsey  requested  me 

to  send  you  the  inclosed  copy  of  a  statement 
made  by  the  Ponca  chiefs  at  my  house  on  their 
return  from  the  Indian  Territory  about  two  years 
ago.  We  had  it  published  at  their  desire  in  one  of 
the  Sioux  City  papers  at  the  time,  and  I  kept  the 
original,  thinking  it  might  be  of  use  at  some  future 
time.  I  send  also  the  telegram  which  the  chiefs  sent 
to  Washington  about  the  same  time.  On  reaching 
their  home  after  leaving  here,  they  were  ordered  to  get 
ready  to  go  to  the  Indian  Territory,  and  soldiers  were 
sent  to  them  to  force  them  to  go.  I  feel  a  deep  interest 
in  the  subject,  as  White  Swan,  one  of  the  chiefs  who 
was  taken  down,  is'my  uncle.  My  father  and  I  went  to 
Columbus  to  bid  him  and  his  family  good-bye  on  their 
way  down,  and  the  soldiers  were  with  them  there.  My 
uncle  says  they  never  signed  any  paper,  petition,  or 
treaty  to  be  taken  down  to  Indian  Territory,  although 
it  is  said  a  petition  signed  with  their  names  was  seen  in 
Washington.  The  chiefs  told  us  that  when  the  white 
men  were  trying  to  make  them  sign  the  paper,  they 
were  asked  to  allow  the  Ponca  tribe  to  live  with  the 
Omahas.  They,  the  white  men,  told  the  chiefs,  'No, 
the  Omahas  are  to  be  taken  down  too.'  The  chiefs 


THE  OMAHAS  FRIGHTENED.  69 

then  asked  to  be  allowed  to  live  with  the  Sioux  and 
mingle  with  them  as  one  people  ;  that  the  two  tribes 
were  formerly  enemies,  but  they  had  made  peace  with 
them  and  would  rather  live  with  them  than  be  sent  to 
Indian  Territory.  This  also  was  denied  them,  and  they 
were  told  to  get  ready  to  go. 

"  The  statement  shows  how  much  they  trusted  in  the 
justice  of  the  white  people,  believing  that  the  wrong 
done  them  had  been  done  only  by  a  few,  and  without 
authority.  I  do  hope  some  action  will  be  taken  in  the 
matter  soon.  Yours  respectfully, 

"  BRIGHT  EYES." 

STATEMENT  OF  PONCA  CHIEFS. 

"We,  the  Ponca  chiefs  -and  principal  men  of  the 
tribe,  desire  to  make  the  following  statement  of  facts 
concerning  ourselves  in  all  good  faith,  hoping  it  may 
come  to  the  ears  of  the  President  of  the  United  States, 
whom  we  are  glad  to  learn  is  a  good  man  and  anxious 
to  do  justice  to  all. 

"  Some  time  ago  there  came  a  man  to  our  reserve, 
who  said  he  was  sent  by  the  Great  Father  at  Washing 
ton  to  make  a  treaty  with  us  for  our  land.  We  said  the 
President  was  our  friend,  and  this  was  our  home,  but 
we  would  hear  what  he  had  to  say.  If  he  wanted  our 
land  we  would  go  to  Washington  and  talk  about  it. 
He  told  us  he  was  ordered  to  do  what  he  did,  seemed 
sincere  and  friendly,  and  to  satisfy  us  he  sent  .a 
telegram  to  Washington,  and  after  getting  an  an 
swer,  he  said  he  would  take  ten  of  our  chiefs  to  see 
the  Indian  Territory,  where  we  could  select  a  new 
home,  and  that  the  money  for  our  present  journey 
would  be  furnished  from  the  Sioux's  funde . 


70  THE  PONCA  CHIEFS. 

"  We  got  ready  and  started,  wishing  first  to  visit  the 
Omaha  reserve,  but  this  was  not  allowed  us.  After 
some  days  we  reached  the  country  of  the  Osages,  and 
looked  over  the  country  and  found  it  stony  and  broken, 
and  not  a  country  that  we  thought  we  could  make  a 
living  in.  We  saw  the  Osages  there,  and  they  were 
without  shirts,  their  skin  burned,  and  their  hair  stood 
up  as  if  it  had  not  been  combed  since  they  were  little 
children.  We  did  not  wish  to  sink  so  low  as  they 
seemed  to  be." 

The  remainder  of  the  statement  is  only  a 
repetition  of  that  of  Standing  Bear,  made  in 
the  first  chapter.  The  statement  is  signed  by 
White  Eagle,  Standing  Buffalo,  Standing  Bear, 
Smoke  Maker,  White  Swan,  Big  Elk,  and  Ga- 
he-ga. 

The  following  is  the  telegram  which  Stand 
ing  Bear  said  that  he  and  John  Springer  sent 
to  the  President,  and  which  was  also  enclosed 
in  the  letter  of  Bright  Eyes. 

"To  the  President  of  the   United  States: 

"  Was  it  by  your  authority  that  the  men  you  sent  to 
take  us  down  to  the  Indian  Territory,  to  select  a  home, 
left  us  there  without  money,  and  without  an  interpreter 
or  pass,  to  find  our  way  back  as  best  we  could?  And 
did  you  tell  him  to  say  to  us:  'If  you  don't  select  a  home 
here,  you  shall  be  driven  from  your  present  home  at 
the  point  of  the  bayonet?'  Please  answer,  as  we  are  in 
trouble. 


THE  OMAHAS  FRIGHTEKED.  71 

"  We  have  been  fifty  days  in  getting  back  as  far  as 
the  Atoes ;  tired,  hungry,  shoeless  and  footsore,  and 
with  heart  and  spirit  broken  and  sad." 

This  was  signed  with  the  same  names  as 
the  above  statement. 

Perhaps  it  would  be  well  here  to  refer  to 
the  remarks  of  Gen.  Crook,  at  the  close  of  the 
council"  with  Standing  Bear,  when  he  was  first 
brought  to  Fort  Omaha.  After  Standing 
Bear's  brief  rehearsal  of  his  treatment  by  the 
government,  Gen.  Crook  said: 

"I  have  heard  all  this  story  before.  It  is  just  as 
they  represent  it.  It  has  long  since  been  reported  to 
Washington.  They  haw  all  the  facts  in  Washington,  and 
it  would  do  no  good  for  me  to  intercede.  I  might  sencj. 
a  telegram,  but  it  is  likely  to  do  more  harm  than 
good." 

Many  who  read  the  report  of  Gen.  Crook's 
remarks  in  the  papers,  thought  he  was  mis 
taken  about  the  facts  being  known  at  Washing 
ton,  that  it  was  almost  beyond  belief  that 
the  authorities  would  countenance  such  treat 
ment  of  the  Indians.  These  documents  show 
how  truthfully  he  spoke. 


72  THE  PONCA  CHIEFS. 


CHAPTER  VII. 

STANDING  BEAR'S  RELIGION — WHAT  ARMY  OFFI 
CERS  THINK   OF  HIM. 

As  much  had  been  said  about  these  Poncas 
being  savages,  Standing  Bear  was  asked  to 
state  his  religious  belief.  Without  a  moment's 
reflection,  he  spoke  as  follows: 

"There  is  one  God,  and  He  made  both  Indians  and 
white  men.  We  were  all  made  out  of  the  dust  of  the 
earth.  I  once  thought  differently.  I  believed  there 
were  happy  hunting-grounds,  where  there  were  plenty 
of  game,  and  plenty  to  eat,  no  sickness,  no  death,  and 
no  pain.  The  best  of  the  Indians  would  go  to  these 
happy  hunting-grounds.  I  thought  that  those  who 
were  bad  would  never  live  any  more;  that  when  they 
died  that  was  the  end  of  them.  But  I  have  learned 
that  these  things  are  not  so,  and  that  God  wishes  us 
to  love  Him  and  obey  His  commandments,  follow  the 
narrow  road,  work  for  Him  on  earth,  and  we  shall 
have  happiness  after  we  die.  I  am  told  His  Son  died 
for  us,  died  that  we  might  live.  I  want  to  try  and  do 
something  for  Him,  to  be  like  Him,  follow  in  His  foot 
steps  as  nearly  as  I  can.  I  think  there  is  but  one  God. 
I  need  help  to  do  right,  and  I  pray  to  Him  that  he  will 


STANDING  BEAR'S  RELIGION.  73 

help  me  for  His  Son's  sake.  I  do  not  wish  to  do  any 
thing  wrong.  I  wish  to  follow  the  'narrow  road.  It 
is  the  road  of  happiness.  God  never  does  anything 
wrong.  He  knows  what  is  best  for  me.  No  man  can 
understand  God,  or  know  why  He  deals  with  us  as  He 
does.  Sometimes  what  we  think  is  the  worst  is  the 
best  for  us.  When  I  was  arrested  by  the  soldiers  and 
brought  down  here,  I  thought  for  a  little  while  that 
God  had  forsaken  me,  but  now  I  see  tnat,  perhaps,  it 
is  the  best  thing  for  me  and  my  people.  If  they  would 
only  hearken  to  His  word,  they  would  find  that  all  is 
for  their  good.  He  sees  me  all  the  time .  He  watches 
over  me,  and  knows  all  I  do.  He  knows  my  thoughts. 
He  knows  when  I  think  wicked  thoughts.  He  knows 
it  all.  If  He  did  not  watch  over  me,  and  take  care  of 
me,  I  should  die.  I  want  Him  to  watch  over  me,  and 
take  care  of  me.  and  I  believe  He  always  will.  He 
helps  me.  I  can  do  nothing  without  His  help.  I  love 
His  truth.  1  hate  lies.  I  wish  to  follow  the  truth  al 
ways.  God  has  control  of  the  whole  earth,  and  every 
thing  is  in  His  power.  He  sees  over  all  things  at  once, 
every  man,  woman,  and  child,  and  knows  their  thoughts 
and  actions,  and  everything  they  do.  He  watches 
over  me  wherever  I  go.  He  sees  me  here  to-day.  He 
has  been  with  me  through  all  my  wanderings,  and  has 
taken  care  of  me.  He  has  seen  how  I  have  been  taken 
away  from  my  land.  Through  all  this  He  has  been 
close  to  me.  When  I  have  felt  that  I  had  no  friends, 
I  remembered  that  He  was  my  Father.  His  people 
have  been  good  to  me,  but  the  people  of  the  devil  are 
trying  to  send  me  to  hell.  They  have  tried  to  make 
me  believe  that  God  tells  them  what  to  do,  as  though 
God  would  put  a  man  where  he  would  be  destroyed, 


74  THE  PONCA  CHIEFS. 

and  they  have  destroyed  many  already,  but  they  can 
not  deceive  me.  God  put  me  here,  and  intends  for 
me  to  live  on  the  land  they  are  trying  to  cheat  me 
out  of. 

"I  pray  to  God  every  day  for  Him  to  help  me  to 
regain  my  rights,  if  I  am  worthy  of  it.  For  His  Son's 
sake  I  have  asked  it.  He  made  me  and  the  whiles, 
and  although  we  are  of  a  different  color,  I  think  men's 
hearts  are  all  alike.  If  I  were  to  go  back  to  my  land 
to-day,  the  first  thing  I  would  do  would  be  to  fall 
down  on  my  knees  and  thank  God  for  it.  I  think  in 
the  future,  as  I  grow  in  years,  I  will  try  to  love  Him 
more  and  more  every  day,  do  that  which  is  right,  and 
be  afraid  to  do  that  which  is  wrong." 

He  was  asked  how  long  he  had  held  these 
views,  and  he  replied,  "  Since  the  missionary 
came  up  from  Omaha  Agency,  about  eight 
years  ago,  and  told  me  the  right  way." 

"  How  many  of  the  tribe  think  the  same  way  on  this 
subject  that  you  do?" 

"Only  a  few.  It  is  a  hard  thing  to  say,  but  I  will 
tell  you  the  truth.  Some  of  these  have  died  since  we 
went  down  to  the  Territory.  We  had  no  missionary 
down  there,  and  no  one  to  talk  to  us  about  God.  My 
boy,  who  died  there,  would  get  a  few  in  a  tent  and  talk 
to  them  sometimes  and  tell  them  the  right  way  the  best 
he  knew  how.  He  used  to  pray  with  me  very  often,  and 
read  to  me  out  of  the  Testament.  Some  of  the  people 
who  were  sick  prayed  all  the  time  when  they  were  dy-' 
ing.  They  asked  God  to  take  them  away  from  there 
if  it  was  His  will,  or  to  end  their  sufferings  speedily. 


STANDING  BEAR'S  RELIGION.  7,3 

When  any  one  came  to  our  old  reservation  to  talk  of 
God,  I  would  always  find  a  place  for  Mm  to  speak,  and 
get  the  people  to  come." 


By  request,  Lieut.  Carpenter,  who  was  de 
tailed  to  make  the  arrest  of  Standing  Bear 
and  his  party,  made  the  following  statement 
in  writing: 

"  On  the  23d  day  of  March,  1879,  acting  under  or 
ders  of  my  superior  officers,  I  arrested  a  band  of 
twenty-nine  Ponca  Indians,  under  Standing  Bear,  at 
the  Omaha  Indian  Agency,  and  brought  them  to  Fort 
Omaha,  Neb.  At  the  time  of  the  arrest,  while  holding 
a  council  with  the  party,  Standing  Bear  made  an  able 
speech  to  me,  in  which  he  reviewed  the  situation  of  his 
people,  and  declared  their  desire  to  remain  where  they 
were;' although  consenting  under  vigorous  protest  to 
accompany  me.  He  stated  that  he  had  alwaj's  been  a 
friend  to  the  whites,  and  that  on  one  occasion  he 
found  a  poor  soldier  on  the  plains  in  midwinter,  with 
both  feet  frozen,  and  nearly  starved  to  death;  that  he 
carried  him  in  his  arms  to  camp  and  took  care  of  him 
for  several  weeks  until  he  died.  'And  now,'  said  he. 
'you,  a  soldier,  come  here  to  drive  me  from  the  land 
of  my  fathers.' 

"When  arrested  they  were  in  a  pitiable  condition 
from  the  effects  of  chills  and  fever.  Over  half  of  the 
adults  suffered  from  this  disease  on  the  march  to 
Omaha,  and,  notwithstanding  the  best  medical  treat 
ment  while  prisoners,  many  are  still  in  feeble  health. 


76  THE  PONCA  CHIEFS. 

Before  leaving  their  camp,  the  women  and  children 
cried  piteously  at  the  prospect  of  going  back  to  the 
Indian  Territ  ory.  They  must  have  suffered  greatly 
during  their  winter  march,  but  no  charge  of  depreda 
tions  while  en  route  has  ever  been  made  against  them. 

''From  my  personal  knowledge  of  these  people 
•while  under  my  charge,  I  consider  them  further  ad 
vanced  in  civilization  than  any  other  tribe  west  of 
the  Mississippi,  with  the  single  exception  of  the  Omahas, 
to  whom  they  are  related  by  the  band  of  common  origin. 
The  men  are  industrious  and  willing  to  work,  at  any 
thing  they  can  find  to  do.  The  children  conduct 
themselves  well,  and  the  women  are  modest  in  their 
demeanor  and  neat  in  appearance  and  domestic 
habits. 

"Fort  Omaha,  Neb.,  May  8th,  1879." 

By  reference  to  the  dates  it  will  be  seen  that 
the  above  statement  was  written  after  these 
Indians  had  been  under  Lieut.  Carpenter's 
charge  over  two  months,  so  that  he  had  had 
ample  opportunities  to  observe  them  closely, 
and  know  of  their  character  and  habits.  Every 
man  among  them  able  to  work  has  been  at 
work  since  their  arrival  at  Fort  Omaha,  being 
employed  by  the  contractors  on  the  govern 
ment  buildings.  One,  who  worked  a  few  days, 
was  forced  to  quit  on  account  of  the  return  of 
malarial  disease. 


THE  PONCA  CHIEFS.  77 


CHAPTER   VIII. 

STANDING  BEAR'S  APPEAL  TO  THE  COTJBTS. 

THE  case  came  to  trial  on  the  30th  of  April, 
1879,  and  lasted  two  days,  including  one  evening 
session.  The  following  chapter  contains  a  ver 
batim  report  of  the  evidence: 

THE    EVIDENCE. 

Willie  W.  Hamilton,  sworn  on  behalf  of  the  relators, 
and  examined  in  chief  by  Mr.  Webster,  testified  as 
follows : 

Q.  You  may  state  your  age. 

J..  Twenty-two. 

Q.  Where  do  you  live? 

A.  At  the  Omaha  Agency.  That  is  where  I  have 
lived  for  the  last  twelve  years. 

Q.  What  are  you  engaged  in  at  the  Agency? 

A.  I  have  been  in  a  store  for  the  last  six  years,  sell 
ing  goods. 

Q.  To  what  people  were  you  selling  goods? 

A.   The  Omaha  Indians. 

Q.  On  their  reservation? 

A.  On  their  reservation,  yes,  sir. 

Q.  Are  you  acquainted  with  the  Omaha  language? 

A.  Yes,  sir. 


78  THE  PONCA  CHIEFS. 

The  Court — Do  the  Poncas  speak  the  same  language? 

JL.  Yes,  sir. 

Mr.  Webster — You  are  able  then  to  talk  with  both 
Omahas  and  Poncas  in  their  native  tongue? 

A.  Yes,  sir. 

Q.  Do  you  know  the  parties  that  are  under  arrest  at 
the  present  time  at  Omaha? 

A.  I  do. 

Q.  How  long  have  you  known  them? 

A.  I  became  acquainted  with  them  since  they  came 
down  here,  twenty-two  days  ago.  .1  saw  them  when  they 
came  to  the  Agency,  but  not  to  talk  with  them  or  be 
come  acquainted  with  them. 

Q.  When  was  it  t-hat  they  came  to  the  Agency? 

A.  They  came  to  the  Agency  in  March,  I  think. 

Q.  That  is  last  March? 

A.  Yes,  sir,  I  think  it  was  in  the  fore  part  of  the 
mouth.  I  won't  be  certain. 

Q.  Where  does  your  father  live? 

A.  My  father  lives  at  the  Agency,  or  about  three 
miles  from  the  Agency. 

Q.  How  long  has  he  been  living  there? 

A.  For  the  same  length  of  time  I  have— twelve 
years. 

Q.  What  has  been  his  business? 

A.  He  is- a  missionary  to  the  Indians. 

Q.  How  long  has  he  been  such? 

A.  He  has  been  missionary  among  the  lowas  and 
Oniahas  for  over  thirty  years. 

Q.  State  the  condition  of  these  Poncas  when  the}' 
arrived  at  the  Omaha  Agency, *so  far  as  you  observed? 

A.  So  far  as  I  know  they  were  in  a  very  bad  condi 
tion  when  they  came  there. 


STANDING  BEAR'S  APPEAL.  79 

Q.  What  property  did  they  have  when  they  came 
there? 

,     A.  All  they  had  was  their  horses  and  wagons  and 
tents. 

Q.  How  were  they  supplied  as  to  clothing? 

A.  They  had  blankets,  some  of  them,  and  some  had 
coats ;  those  that  had  coats  wore  pants,  and  were  dressed 
in  citizens'  clothes. 

Q.  DC  you  know  where  they  came  from  when  they 
arrived  at  the  Agency? 

A.  They  said  they  came  from  the  Indian  Territory. 

Q.  Do  you  know  how  they  came  up  from  the  Indian 
Territory  to  the  Agency? 

A.  They  came  up  in  wagons,  some  of  them  horseback, 
and  others  011  foot. 

Q.  State  the  number  that  came. 

A.  I  don't  know  exactly  the  number  that  came — I 
think  about  thirty-five. 

Q.  How  many  were  men,  about  the  number  approxi 
mately,  and  how  many  were  women,  and  how  many 
were  children? 

A.  Ten  or  twelve  were  men,  I  think.  I  don't  know 
how  many  were  children,  or  how  many  were  women.  I 
was  not  among  them  much  at  first,  and  I  did  not  pay 
any  attention  to  them.  I  think  there  must  have  been 
between  twelve  and  fifteen  women. 

Q.  You  may  state  whether  or  not  they  were  divided 
into  families  at  the  time  when  they  came — whether 
they  were  married  and  composed  families  as  man  and 
wife? 

A.  They  were. 

Q.  And  the  children  were  the  children  of  these 
families  ? 


80  THE  PONCA  CHIEFS. 

A-  Yes,  sir,  some  of  them — some  were  orphans,  liv 
ing  with  their  relations. 

Q.  Which  ones  do  you  speak  of  as  being  orphans?    . 

A-  There  were  two  orphans  came  with  them.  There 
is  one  (indicating  a  young  Indian  boy  who  was  present 
with  the  relators  in  ,the  court  room)  sitting  in  the 
woman's  lap.  The  other  is  at  camp. 

Q.  Whose  son  is  this  one  here? 

A.  He  is  a  grandson  of  Standing  Bear's. 

Q.  Which  one  is  Standing  Bear? 

A.  That  one  in  the  corner  (indicating  one  of  the 
three  Indian  men  present.) 

Q.  Who  is  this  woman  who  sits  here? 

A.  She  is  the  wife  of  Standing  Bear. 

Q.  The  child  is  the  grandson  of  Standing  Bear 
and  this  woman? 

A.  Yes,  sir. 

Q.  What  is  her  name? 

A.  Susette. 

Q.  Is  the  father  of  that  child  living  or  dead? 

A.  Dead. 

Q.  And  the  other  orphan  that  you  speak  of,  what 
relation  does  it  sustain  to  Standing  Bear  and  Su 
sette? 

A'  Grand-daughter. 

[Objected  to  by  counsel  for  the  government  as  im 
material,  and  not  tending  to  show  that  these  Indians  have 
dissolved  their  tribal  relations.] 

Mr.  Webster — Tell  us  who  is  that  man  sitting  next  to 
Standing  Bear? 

A.  Yellow  Horse. 

Q.  Do  you  know  what  relation  he  is  to  Standing 
Bear? 


STANDING  BEAR'S  APPEAL.  81 

[Objected  to  by  counsel  for  government  as  incom 
petent.  Overruled.] 

A.  They  are  brothers. 

Q.  State  what  these  Indians  were  engaged  in  after 
they  arrived  at  the  Omaha  Agency? 

A.  What  little  time  they  staid  there  they  were  en 
gaged  in  helping  the  Omahas  put  in  their  crops. 

Q.  What  crops  were  the  Omahas  putting  in? 

A.  Wheat. 

Q.  State  what  one,  if  any,  of  the  Indians,  the  Poncas, 
were  putting  in  crops  for  themselves? 

A.  Buffalo  Chip  was  helping  put  in  a  crop  for  him 
self.  His  friends  at  the  Omaha  Agency  gave  him  land 
enough  to  sow  his  wheat. 

Q.  At  the  time  of  the  arrest,  state,  if  you  know, 
about  the  amount  of  wheat  Buffalo  Chip  had  put  in  on 
this  land  which  was  set  apart  for  him? 

A.  I  think  there  must  have  been  four  or  five  acres 
sowed. 

Q.  You  may  state  what  the  habits  of  the  Omahas 
were  at  the  Agency  where  these  Indians  were,  as  to 
labor  and  agriculture? 

A.  They  are  all,  or  the  greater  part  of  them,  on  their 
farms.  They  have  a  great  deal  of  land  broken,  and  each 
one  has  his  farm  to  himself. 

Q.  State  whether  the  land  is  allotted  to  the  members 
of  the  tribe? 

A.  It  is. 

Q.  State  what  day  of  the  week  it  was  when  these 
Indians  were  arrested? 

A.  It  was  on  Sunday. 

Q.  On  that  day,  state  whether  they  were  resting  from 
their  labors? 

A.  They  were. 


£2  THE  PONCA  CHIEFS. 

Q.  State  whether.it  is  the  habit  of  the  Poncas  to  rest 
on  the  Sabbath  day  from  their  labor? 
The 'Court — Is  that  necessary? 

Mr.   Webster — The  theory  of  this  government  is  to 
Christianize  these  Indians,  I  believe. 

The  Witness — It  is  about  the  same  as  it  is  with  white 
men,  some  do,  and  some  do  not. 

Mr.   Webster— State    how   many    of  these    Poncas,  , 
during  their  stay  at  the  Omaha  Agency,  were  engaged 
in  labor — whether  all  were  so  engaged? 

A.  All  that  were  able,  to  were. 

Q.  Those  who  were  not  employed  in  actual  labor, 
state  why  they  were  not? 

[Objected  to  as  immaterial  by  counsel  for  the  gov 
ernment.  Objection  overruled.] 

Mr.  Webster — You  may  answer  why  the  others 
were  not  engaged  in  labor. 

A.  Because  they  were  sick  and  unable  to  work. 

Q.  How  many  of  their  number  were  sick  when  they 
arrived  on  the  Agency  and  unable  to  work? 

A.  There  were  hardly  any  of  them  able  to  work 
when  they  arrived  on  the  Agency— not  more  than  one 
or  two,  so  far  as  I  could  learn. 

Q.  During  their  stay  at  the  Agency,  and  prior  to  their 
arrest  by  Lieut.  Carpenter,  state  to  what  extent  they  had 
improved  in  heal  h  so  as  to  be  able  to  commence  labor? 

A.  They  had  improved  a  good  deal,  but  those  who 
weie  working  were  not  really  able  to  work. 

Q.  At  the  time  of  their  arrest  by  Lieut.  Carpenter 
about  how  many  had  begun  to  labor? 

A.  I  think  five  or  six  out  of  the  twelve. 

Q..  State  whether  any  are  engaged  in  labor  now  at 
the  Fort? 


STANDING  BEAR'S  APPEAL.  83 

[Objected  to  by  counsel  for  government.  Objection 
sustained.] 

CRO  SS-  EX  AMINED. 

Dist.-Atfy  Lambertson — How  many  Indians  came 
there? 

A.  Thirty-five  I  think.  I  don't  know  the  exact  num 
ber. 

Ihe  Court — How  many  join  in  the  petition — twenty- 
seven? 

Mr.  Lambertson — I  believe  there  are  not  quite  that 
many.  The  children,  I  think,  are  not  put  in  the  peti 
tion.  (To  the  witness.)  At  the  time  they  were  ar 
rested,  five  or  six  were  engaged  in  agricultural  pursuits? 

A.  Yes,  sir. 

Q.  Were  they  squaws? 

A.  No,  sir.  » 

Q.  Standing  Bear  was  working,  was  hfi? 

A.  Yes,  sir. 

Q.  Then  there  were  five  of  the  thirty-five  that  were 
working? 

A.  Only  that  many  in  the  field.  The  women  were 
working  around  their  tents.  They  are  not  supposed 
to  go  into  the  fields. 

Q.  Who  was  their  chief? 

A.  Standing  Bear  is  the  head  chief  of  the  tribe.  Buf 
falo  Chip  was  the  chief  of  these  Indians  here.  Stand 
ing  Bear  has  a  tribe  of  about  a  hundred,  I  think;  I  do 
not  know  the  exact  number. 

Q.  You  don't  know  what  some  of  them,  or  a  good 
many  of  them  did  at  the  Indian  Territory  before  they 
arrived  at  the  Omaha  Agency? 

A.  I  know  that  a  good  many  of  them  died  before  be 
left  with  his  tribe. 


84  THE  PONCA  CHIEFS. 

Q.  And  the  original  number  of  his  tribe  was  about 
a  hundred? 

A.  Yes,  sir. 

Q.  He  was  their  acknowledged  chief  there  at  the 
Agency? 

A.  Yes,  sir. 

Q.  Did  they  obey  his  orders? 

A.  Yes,  sir. 

Q.  What  other  chiefs  have  they? 

A.  There  are  several  chiefs  down  at  the  lower 
Agency  in  the  Indian  Territory.  I  was  not  there. 

Q.  Name  some  of  the  other  chiefs  that  were  ar 
rested. 

A.  Standing  Bear,  Buffalo  Chip,  and  Chicken  Hunter. 

Q.  These  managed  and  controlled  the  Indians? 

A.  Yes,  sir.     Each  one  controlled  his  own  band. 

Q.  They  lived  at  the  Omaha  Agency  as  the  friends 
of  the  Omaha  Indians? 

A.  Yes,  sir;  while  they  were  there. 

Q.  They  followed  the  same  pursuit  the  other  Indians 
did? 

A.  Yes,  sir. 

Q.  What  did  they  live  in — tents? 

A.  Yes,  sir;  they  brought  their  tents,  I  think. 

Q.  These  tents  were  provided  by  the  government? 

A.  These  tents  were  made  by  themselves. 

Q.  These  wagons  were  furnished  by  the  govern 
ment? 

A.  Yes,  sir;  they  brought  their  wagons  with  them. 

Q.  Did  they  have  any  citizens'  clothes? 

A.  They  had. 

Q.  These  clothes  were  also  provided  by  the  govern 
ment? 


STANDING  BEAR'S  APPEAL.  85 

A.  Yes,  sir;  some  were,  and  some  wore  not. 

Q.  Some  of  them  wore  blankets? 

A.  Some  wore  blankets,  pants,  and  vests,  and  some 
wore  Indian  clothes  throughout. 

Q.  These  blankets— were  they  provided  by  the  gov 
ernment? 

A.  Some  of  them — yes,  sir. 

Q.  You  say  Standing  Bear  had  put  in  about  five 
acres  of  wheat? 

A.  No,  sir;  Buffalo  Chip  had.  There  was  three  or 
four  acres  put  in  for  Standing  Bear  by  the  police  of 
the  Oinahas. 

Q.  Then  Standing  Bear  didn't  put  in  any  himself? 

A.  He  helped  to  put  it  in. 

Q.  About  how  long  were  these  Indians  there  before 
they  were  arrested? 

A.  About  two  weeks. 

Q.  Who  arrested  them — Agent  Vore? 

A.  They  were  arrested  by  Lieut.  Carpenter. 

Q.  Hadn't  they  been  arrested  before  by  Agent  Vore? 

A.  No,  sir. 

Q.  Didn't  they  seem  to  .come  there  as  guests  of  the 
Omahas? 

A-  No,  sir. 

Q.  How  did  they  come? 

A.  They  came  as  Indians,  and  said  they  wanted  to 
go  back  to  their  old  land,  or  find  some  place  to  work, 
and  that  if  the  Omahas  would  give  them  some  land 
they  would  remain  with  them. 

Q.  Do  these  Omahas  speak  the  English  language? 

A.  A  very  few  of  them. 

Q.  None  of  these  Indians  here  can  speak  English? 

A.  No,  sir. 


86  THE  PONCA  CHIEFS. 

Q.  About  how  much  cultivated  land  is  there  at  the 
Agency? 

A.  I  couldn't  tell. 

Q.  Do  you  have  any  idea  of  the  amount? 

A.  I  suppose  they  have  in  about  1,500  acres  of 
wheat. 

Q.  How  many  Omaha  Indians  are  there? 

A.  1083,  I  believe,  at  the  last  count. 

Q.  That  would  be  about  an  acre  and  a  half  to  the 
Indian? 

A.  Of  wheat  ground — yes,  sir.  They  have  corn 
ground  as  much  as  that,  or  more,  too. 

Q.  That  would  make  about  three  acres  to  the  Indian? 

A.  Yes,  sir. 

Q.  Do  they  cultivate  this  land? 

A.  Yes,  sir. 

Q.  How  do  the  Omahas  live? 

A.  They  live  very  well. 

Q.  Does  the  government  furnish  them  anything? 

A.  Nothing  but  farm  implements. 

Q.  The  government  has  an  agent  there? 

A.  Yes,  sir. 

Q.  Is  there  not  from  time  to  time  annuities  paid 
them  by  the  government? 

A.  There  has  been  none  paid  for  going  on  three 
years  now. 

Q.  Does  the  government  furnish  them  any  clothes? 

A.  No,  sir,  all  the  annuities  they  have  is  in  money. 

Q.  Have  these  Indians  received  any  better  clothes 
since  they  came  to  Fort  Omaha,  or  are  the  clothes  they 
have  on  now  the  same  they  had  when  arrested? 

A.  Some  they  had,  and  some  were  given  them. 

Q.  Who  furnished  them? 


STANDING  BEAR'S  APPEAL. 


A.  I  don't  know.  Several  persons  who  came  there 
gave  them  things. 

Q.  They  didn't  have  as  good  clothes  as  these  when 
they  came  to  Omaha  Agency,  did  they? 

A.  No,  sir,  hardly  so  good. 

Q.  Are  all  the  Indians  at  the  barracks  dressed  as 
well  as  these? 

A.  No,  sir. 

Q.  These  are  the  better  dressed  ones  and  the  better 
looking  ones? 

A,  Yes,  sir  ;  for  that  matter  they  all  look  alike. 

RE-DIRECT  EXAMINATION  BY  MR.  WEBSTER. 

Q.  During  the  stay  of  these  Poncas  at  the  Agency, 
•were  tliey  receiving  any  annuities  from  the  govern 
ment? 

A.  No,  sir,  not  that  I  know  of.  At  one  time,  a  day 
or  two  before  they  were  taken  away  by  Lieut.  Carpen 
ter,  they  received  some  rations  from  the  agent  at  the 
Omaha  Agency. 

Q.  State  what  objections  the  Omahas  had,  if  any,  to 
the  Poncas  remaining  upon  these  lands  at  the  Omaha 
reservation? 

A.  They  had  no  objection  at  all.  I  know  from  what 
the  Omahas  told  me. 

[Objected  to  by  counsel  for  the  government,  ss  in 
competent  and  immaterial.  Overruled.] 

Mr.  Webster—  You  may  sta'te  the  facts. 

A  .  They  said  they  wanted  the  Poncas  to  come  back 
there  and  live  with,  them;  they  had  more  land  than 
they  needed,  and  they  could  sell  them  part  of  their 
land  and  they  could  join  together  and  live  as  one  tribe 


88  THE  PONCA  CHIEFS. 

of  Indians.  They  were  willing  to  have  them  come 
and  take  part  of  their  land,  and  try  to  become  citizens, 
as  they  were  trying. 

The  Court — Were  the  Poncas  ever  any  part  of  the 
Omaha  tribe? 

Mr.  Webster — No,  sir,  they  have  simply  inter-married 
to  some  extent. 

RE-CROSS-EXAMINATION  BY  MR.  LAMBERTSON. 

Q.  State  whether  these  Indians  submitted  themselves 
to  the  authority  of  the  Omaha  Indians,  or  the  Omaha 
chiefs?  Were  they  governed  in  the  same  manner  the 
Omahas  were,  and  followed  the  same  pursuits? 

A.  Yes,  sir. 

Q.  And  obeyed  the  Omaha  chiefs? 

A.  They  took  ad  vice,  of  course,  of  the  Omaha  chiefs. 

Q.  Were  they  governed  by  the  same  form  as  the 
Omaha  Indians? 

A.  Yes,  sir. 

Q.  They  submitted  themselves  to  the  same  rules, 
customs  and  habits  as  the  Omahas? 

A.  Yes,  sir. 

Mr.  Webster — Do  the  Omahas  have  any  chiefs? 

A.  Tliey  have  no  chiefs  now. 

Q.  Then  there  was  no  part  of  the  Omahas  command 
ing  these  Poncas? 

A.  No,  sir. 

Q.  About  all  there  was  about  that  was  that  they 
simply  advised  together,  and  consulted  as  to  what  was 
best  to  be  done? 

A.  Yes,  sir. 

Mr.  Lambertson — Is  there  any  head  man  in  the 
Omaha  tribe? 


STANDING  BEAR'S  APPEAL.  89 

A.  No,  sir,  not  now.  There  was  some  time  ago,  last 
summer — but  they  put  away  all  their  chiefs  and  head 
men. 

Mr.   Webster— They  live  like  white  men,  then? 

A.  They  try  to. 

LIEUT.    WILLIAM    L.  CARPENTER. 

Sworn  on  behalf  of  the  relators,  and  examined  in  chief 

by  Mr.  Webster,  testified  as  follows: 

•  Q.  Do  you  have  immediate  charge  of  these  Indians? 

A.  I  have. 

Q.  State  whether  you  are  the  officer  who  made  the 
arrest  at  the  Omaha  Agency? 

A.  I  am. 

Q.  Will  you  state  the  date  of  that  arrest? 

A.  It  was  on  Sunday,  in  the  latter  part  of  March,  the 
last  week  in  March.  I  would  have  to  look  at  a  cal 
endar. 

Q.  State  whether  prior  to  that  time  you  had  been 
acquainted  personally  with  these  Poncas? 

A.  I  had  never  seen  them  at  all  before. 

Q.  At  the  time  they  were  arrested  by  you,  state  in 
what  manner  they  were  dressed — whether  they  were 
wearing  citizens'  clothes  or  not? 

A.  The  majority  of  the  men  were  dressed  in  citi 
zens'  clothes.  Only  two,  I  think,  wore  blankets  and 
leggings. 

Q.  State  what  you  know  of  these  Indians  having 
been  engaged  in  labor  and  agriculture  at  the  Omaha 
Agency  at  the  time  of,  and  prior  to  their  arrest. 

A.  I  don't  know  anything  on  that  subject  from  my 
own  knowledge— nothing  but  what  I  have  heard. 


90  THE  PONCA  CHIEFS. 

» 

Q.  Did  you,  by  conversation  or  otherwise,  acquire 
any  knowledge  as  to  what  their  habits  had  been  at  the 
Omaha  Agency? 

[Objected  to  by  counsel  for  the  government  as  in 
competent,  immaterial  and  irrelevant.  Sustained.] 

Mr.  Webster — After  you  had  brought  these  Indians 
to  Fort  Omaha,  you  may  state  what  kind  of  dress  they 
continued  to  wear  from  the  day  of  their  arrest  by  you, 
up  to  the  present  time? 

A.  Some  of  them  wore  the  same  clothing  they  are 
wearing  now. 

Q.  State  what  these  Indians  have  been  doing  while 
under  your  charge,  as  to  laboring,  and  their  desire  to 
labor. 

A.  About  ten  days  ago  two  of  the  Indians  stated 
they  were  willing  to  work.  They  had  been  sick  for 
some  time. 

[Objected  to  as  immaterial  by  counsel  for  the  gov 
ernment.  Sustained.] 

Mr.  Webster — State  from  your  observation  of  these 
Indians,  and  the  labor  which  they  have  performed,  what 
skill  and  knowledge  they  have  as  laborers? 

[Objected  to  and  sustained.] 

CROSS-EXAMINED  ME.    LAMBEETSON. 

Q.  How  many  chiefs  are  there. 

[Objected  to  by  counsel  for  relators  as  improper 
cross-examination.  Sustained.] 

Mr.  Lambertson— Slate  the  names  of  the  parties 
arrested? 

[Objected  to  by  counsel  for  the  relators  as  immaterial, 
and  on  the  ground  that  the  returns  show  that.] 

The  Ctouri—VTby  is  that  material? 


STANDING  BEAR'S  APPEAL.  91 

Mr.  Lambertson — To  show  that  these  Indians  have 
their  chiefs,  to  whom  they  profess  allegiance. 

The  Court — You  will  have  to  make  the  witness  your 
own  to  do  that. 

STANDING    BEAR, 

One  of  the  relators,  sworn  on  the  part  of  the  relators, 
and  examined  in  chief  by  Mr.  Webster,  through  the 
witness  Hamilton,  who  was  sworn  as  interpreter,  testi 
fied  as  follows: 

Mr.  Lambertson — Does  this  court  think  an  Indian  is  a 
competent  witness? 

The  Court — They  are  competent  for  every  purpose  in 
both  civil  and  criminal  courts.  The  law  makes  no  dis 
tinction  on  account  of  race,  color,  or  previous  condition. 

Mr.  Webster  (to  the  interpreter)— Ask  him  to  state 
when  it  was  they  left  their  reservation  to  go  to  the 
Indian  Territory? 

A.  He  says  it  is  about  two  years  since  they  left. 

Q.  Ask  him  to  state  the  manner  in  which  they  lived 
on  their  old  reservation,  what  labor  they  performed, 
and  what  success  they  had? 

A.  He  says,  we  lived  well ;  I  had  my  land,  and  raised 
enough  so  I  could  get  along  nicely.  Mj  children  were 
going  to  school,  we  had  a  good  school,  and  everything 
going  nicely. 

Q.  Ask  him  whether  his  people  were  working  when 
they  lived  up  there? 

A.  He  says  they  were  all  working  hard. 

Q.  Ask  him  what  they  were  doing  up  there  to  be 
come  like  white  men? 

The  Court— What  sort  of  white  men?  You  had  bet 
ter  limit  that  a  little. 

Mr.  Webster— Well,  civilized. 


92  THE  PONCA  CHIEFS. 

A.  He  says  the  white  men  are  great  workers,  some 
of  them,  and  some  are  not.  He  says  it  is  about  the 
same  way  w;th  the  Indians — some  want  to  work,  and 
some  don't.  He  says  he  wants  to  work,  and  become 
like  a  white  man,  and  that  he  has  tried  his  best. 

Q.  Ask  him  when  they  left  their  reservation  where 
they  went  to  first,  whether  to  the  Omaha  reservation? 

A.  He  says  no,  they  didn't  go  there;  they  went  south 
to  the  Indian  Territory. 

Q.  Ask  him  how  they  came  to  go  down  there.  Have 
him  tell  the  story  as  to  how  they  came  to  go  down 
there? 

[Objected  to  by  counsel  for  government  on  the  ground 
the  inquiry  here  is  solely  as  to  whether  these  Poncas 
have  dissolved  their  tribal  relations.  The  question  was 
withdrawn.] 

Mr.  Webster — Ask  him  how  he  and  his  people  lived 
in  the  Indian  Territory  after  they  got  down  there, 
what  they  had,  whether  they  worked,  and  what  kind 
of  clothes  they  wore?  Ask  himjfurther,  what  they  did 
still  after  they  arrived  thore  to  become  like  civilized 
white  men,  and  then  let  him  tell  the  story. 

Mr.  Lambertson — I  want  questions  put  to  him,  and 
let  him  answer  the  questions. 

A.  He  says,  when  I  got  down  there,  I  saw  the  land, 
and  the  land  was  not  good  to  my  eye ;  some  places  it 
looked  e:ood,  but  you  kick  up  the  soil  a  little,  and  you 
found  lots  of  stones.  It  was  not  fit  to  farm.  When  we 
got  down  there  we  heard  we  were  going  to  get  cloth 
ing,  and  get  money,  and  everything  that  we  wanted, 
but  I  have  not  seen  it  yet.  When  I  was  told  to  go 
down  there,  I  thought,  perhaps,  the  land  was  good, 
and  I  could  make  a  living,  but  when  I  got  down  there 


STANDING  BEAR'S  APPEAL.  93 

it  was  entirely  different  from  the  land  in  my  own  home. 
I  could'nt  plow,  I  couldn't  sow  any  wheat,  and  we  all 
got  sick,  and  couldn't  do  anything,  it  seemed  as  though 
I  had  no  strength  in  my  body  at  all.  The  hot  climate 
didn't  agree  with  me.  But  when  I  came  back  here  I 
seemed  to  get  strength  every  day.  Instead  of  our  tribe 
becoming  prosperous,  they  died  off  every  day  during  the 
time.  From  the  time  I  went  down  there  until  I  left, 
one  hundred  and  fifty-eight  of  us  died.  I  thought 
to  myself,  God  wants  me  to  live,  and  I  think  if  I  come 
back  to  my  old  reservation  he  will  let  me  live.  I  got 
back  as  far  as  the  Omahas,  and  they  brought  me  down 
here.  I  see  you  all  here  to-day.  What  have  I  done? 
I  am  brought  here,  but  what  have  I  done?  I  don't 
know.  It  seems  as  though  I  haven't  a  place  in  the 
world,  no  place  to  go,  and  no  home  to  go  to,  but  when 
I  see  your  faces  here,  I  think  some  of  you  are  trying 
to  help  me,  so  that  I  can  get  a  place  sometime  to  live 
in,  and  when  it  comes  my  time  to  die,  to  die  peacefully 
and  happy.  (This  was  spoken  in  a  loud  voice,  and 
with  much  emphasis.) 

The  Court — Tell  the  witness  to  keep  cool. 

Mr.  Webster — Have  him  state  what  they  did  by  way  of 
farming  and  labor  while  they  were  down  in  the  Indian 
Territory. 

A.  He  says  they  couldn't  farm,  all  the  work  they  did 
was  to  haul  wood  sometimes  to  the  agent,  and  work 
around  the  Agency,  what  work  they  could  do. 

Q.  Ask  him  if  they  were  all  ready  and  willing  to  work 
if  they  had  had  any  work  to  do? 

A.  He  says  yes,  if  there  had  been  any  work  to  do. 
They  would  have  all  worked  if  there  had  been  any 
farming;  they  all  farmed  on  their  own  reservation ,  they 


94  THE  PONCA  CHIEFS. 

all  had  farms,  and  all  had  work  to  do.  Down  there, 
there  was  no  land  to  farm,  and  they  all  got  sick,  and 
were  not  able  to  work. 

Q.  Ask  him  if  they  had  any  schools  down  there,  or 
anything  by  way  of  educating  the  children? 

A.  He  says  they  had  no  schools  there. 

Q.  Ask  him  how  many  there  were  in  his  band  of 
Poncas  at  the  time  he  left  the  Indian  Territory? 

A.  He  says  about  fifty. 

Q.  Ask  him  how  many  came  away  with  him  when 
he  came  to  the  Omaha  reservation? 

A.  He  says  thirty. 

Q.  Ask  him  whether  the  others  are  still  in  tne  In 
dian  Territory? 

A.  He  says  he  thinks  some  may  be  on  the  road  back. 
He  heard  some  were  on  the  road  up  here. 

Q.  Ask  him  how  many  chiefs  of  the  tribe  are  down 
there  with  the  others  in  the  Indian  Territory? 

A.   He  says  seven. 

Q.  Ask  him  why  he  and  the  others  left  the  tribe  in 
Indian  Territory  and  came  to  the  Omaha  reservation? 

A.  He  says  it  was  hard  for  him  to  stay  there,  and  ho 
thought  perhaps  if  he  could  come  up  here  he  could 
save  his  wife  and  child,  the  only  child  he  has  living, 
and  that  is  why  he  came  up — to  save  them,  and  to  get  a 
living  for  them  some  place  else,  if  he  could. 

Q.  Ask  him  how  many  of  his  children  died  in  the 
Indian  Territory  before  he  came  away? 

A.  He  says  two  died  down  there.  He  says  his  son 
could  talk  English  and  write,  and  was  a  great  help  to 
him  when  he  was  on  White  Creek,  and  whenever  he 
thinks  of  it,  it  makes  him  feel  very  bad. 

Q.  Ask  him  what  he  and  those  who  came  with  him 


STANDING  BEAR'S  APPEAL.  95 

meant  to  do  when  they  came  north — how  they  meant 
to  enrn  a  living? 

[Objected  to  by  counsel  for  the  government  as  imma 
terial.  Overruled.] 

A.  He  says  he  thought  it  was  necessary  to  earn  a 
living  by  work,  and  that  is  what  he  wanted  to  do,  and 
that  he  thought  if  he  came  north  he  could  get  his  laud 
back  and  go  to  work  and  earn  his  living  in  that 
way. 

Q.  Ask  him  when  they  left  the  tribe  whether  they 
intended  to  stay  away  from  the  tribe? 

A.  He  says  when  he  left,  they  asked  if  he  was  ever 
coming  back,  and  he  told  them  if  he  ever  came  back 
it  wouid  not  be«to  stay;  that  lie  wanted  to  go  to  a  place 
where  they  could  all  work  and  earn  their  own  living. 

Q.  Ask  him  what  he  intended  to  do  by  way  of  be 
coming  like  civilized  white  men? 

A.  He  says  in  his  travels  he  has  seen  a  great  many 
white  people,  .and  he  finds  them  all  working  wherever 
he  goes— farming,  building  houses,  and  that  they  have 
cattle  and  everything  they  want;  all  they  want  to  eat, 
and  he  thinks  if  he  has  a  chance  he  can  do  just  the 
same,  and  that  is  the  way  he  thought  he  would  do. 

The  Court— That  is  the  reason  he  left? 

A.  Yes,  sir. 

Mr.  Webster — Ask  him  whether  the  others  that  came 
awny  with  him  intended  to  do  what  he  did? 

[Objected  to  by  counsel  for  the  government  as  in 
competent.] 

The  Court — He  may  state  if  he  knows.    . 

A.  He  says  they  all  wanted  to  do  the  same — to  work 
and  earn  a  living. 

Q.  Ask  him,  if  he  was  released  from  his  imprison- 


96  THE  PONCA  CHIEFS. 

merit,  whether  he  intends  to  go  back  to  the  tribe,  or 
What  he  intends  to  do? 

[Objected  to  by  counsel  for  the  government.  Ques 
tion  withdrawn.] 

Q.  Ask  him  whether  they  all  intended  to  put  in 
crops  on  these  lands  of  the  Omahas? 

A-  He  says  that  was  the  intention  of  all. 

Q.  Ask  him  whether,  after  the  time  they  left  the 
Indian  Territory,  he  intended  to  continue  to  exercise  his 
powers  as  chief,  or  whether  they  simply  acted  together 
as  friends? 

[Objected  to  by  counsel  for  the  government  as 
leading.  Overruled.] 

A.  He  says  he  didn't  consider  himself  a  chief ;  he  didn't 
consider  himself  as  their  head  man,  but  looked  upon 
himself  and  the  rest  as  being  alike. 

Q.  Ask  him  whether,  when  they  advised  with  him, 
it  was  simply  in  a  social  way,  because  of  his  haying 
been  a  chief,  or  whether  they  recognized  any  authority 
in  him. 

A.  He  says  he  felt  himself  to  be  as  poor  as  the  rest 
of  them. 

Q.  That  is  after  they  left  the  tribe? 

A.  Yes,  sir. 

Q.  Ask  him  to  state  whether  he  sent  his  own  chil 
dren  to  school? 

[Objected  to  as  immaterial.    Sustained.] 

CROSS-EXAMINATION  BY  ME.  LAMBEKTSON. 

Q.  Ask  him  what  was  the  number  of  people   in  the 
band  of  which  he  was  chief  in  the  Indian  Territory. 
A.  He  says  about  fifty. 


STANDING  BEAR'S  APPEAL.  97 

Q.  Ask  him  how  many  of  his  particular  band  he 
left  in  the  Indian  Territory? 

A.  He  says  only  three  of  his  band  he  brought  with 
him.  The  rest  of  his  band  are  there  yet.  He  brought 
Yellow-Horse,  Long-Runner,  and  Chicken  Hunter, 
these  men  and  their  families. 

Q.  About  how  many  families  of  his  band  did  he 
leave  in  the  Indian  Territory! 

A.  He  says  about  forty  people. 

Q.  Ask  him  how  many  families? 

A.  He  says  about  thirty  families;  there  are  about 
twenty  that  are  married.  There  are  few  children;  the 
children  are  dead. 

Q.  Ask  him  if  any  members  of  any  other  band  ex 
cept  his  own  came  with  him? 

A.  He  says  there  was. 

Q.  Ask  him  how  many? 

A.  He  says  there  was  one  chief  of  some  other  band. 
He  says  this  other  chief  had  six  men  with  him.  Of 
course  he  has  his  family  and  some  of  his  band. 

Q.  Ask  him  how  many  compose  his  band,  when  he 
is  in  the  Indian  Territory? 

A.  He  says  about  fifty-six.  That  was  his  band 
when  he  went  to  the  Indian  Territory. 

Q.  And  there  were  fifty  when  he  left? 

A.  Yes,  sir. 

Q.  Ask  him  how  many  of  the  band  of  which  he  was 
chief  died  during  the  time  he  was  in  the  Indian  Terri- 
tory? 

[Objected  to  a?  immaterial.} 

Mr.  Lambertson — Ask  him  how  many  of  his  own 
band  came  with  him,  that  is  including  his  own  fam 
ily.  Assuming  that  he  had  fifty  in  his  band  in  the 


THE  PONCA  CHIEFS. 


Indian  Territory,  how  many  of  that  fifty  came  with, 
him? 

A.  He  says,  taking  the  men,  women,  and  children, 
that  came  with  him,  there  were  twenty.  He  says, 
counting  his  {amity,  and  all  that  came  with  him  out 
of  his  band. 

Q.  Ask  him  if  he  was  chief  or  head  man  over  these 
Indians  now  here  and  those  in  the  Indian  Territory? 

A.  He  sa3rs,  I  was  not  the  head  man;  I  don't  consider 
myself  any  better  than  they  are. 

Q.  Was  that  after  he  got  out  of  the  Indian  Territory? 
A.  Yes,  sir;  after  we  left  the  Indian  Territory. 
Q.  Ask  him  who  came  with  him  from  the  reservation, 
in  Dakota  to  the  Indian  Territory. 

[Objected  to  as  improper  cross-examination  by  coun 
sel  for  the  relators.  Sustained.] 

Mr.  Lambertson — Ask  him  when  he  went  to  the  In 
dian  Territory  the  first  time? 

A.  He  says  the  time  he  went  down  there  was  the 
year  before  they  planted  corn ,  it  was  the  year  before 
they  were  taken  down  the  second  time. 

Q.  Ask  him  if  he  remained  there  until  the  other 
Indians  came  down? 

[Objected  to  by  counsel  for  the  relators  as  im 
proper  cross-examination.  Overruled.] 

A.  He  says  no,  he  did  not  stay  there.  He  says  ho 
was  left  down  there  without  an  interpreter,  to  make 
his  way  back  the  best  he  could,  because  he  would  not 
pick  out  a  piece  of  land  there  that  he  liked. 

Q.  How  long  was  he  left  there  before  the  other  In 
dians  came  down? 

A.  He  says  it  was  in  the  spring  they  were  taken 
down  from  their  reservation.  He  says  he  would  like 


STANDING  BEAR'S  APPEAL.  99 

to  tell  the  whole  thing  over  from  the  time  he  was  taken 
down  first  until  they  were  all  taken  down. 

Mr.  Lambertson  (to  Mr.  Webster) — Are  you  willing  he 
should? 

Mr.   Webster— No. 

Mr.  Lambertson  (to  the  witness) — Ask  him  if  while 
they  were  in  the  Indian  Territory  the  government  pro 
vided  them  with  wagons  and  farming  implements? 

[Objected  to  by  counsel  for  the  relators  as  im 
proper  cross-examination  and  as  immaterial.  Over 
ruled.] 

A.  He  says  they  got  some  wagons  and  some  mowing 
machines. 

Q.  Ask  him  if  they  took  their  wagons  with  them 
when  they  left  the  Agency  in  the  Indian  Territory? 

A.  He  says  they  came  in  wagons. 

Q.  Ask  him  if  the  wagons  which  the}7"  came  in  from 
the  Indian  Territory  to  the  Omaha  Agency  were  the 
same  wagons  that  were  furnished  by  the  government? 

A.  He  says  two  of  the  wagons  they  have  were  given 
to  them  on  their  former  reservation,  and  the  other  is 
one  he  bought  himself— a  light  spring  wagon. 

Mr.  Webster^- Does  he  mean  the  Ponca  reservation? 

A.  Yes,  sir,  up  above. 

Mr.  Lambertson— Ask  him  if  when  he  left  the  In 
dian  Territory  the  other  members  of  the  tribe  were 
willing  to  remain? 

[Objected  to  by  counsel  for  the  relators  as  imma- . 
terial  and  irrelevant.  Sustained.] 

Mr.  Lambertson— Ask  him  if,  when  he  left  the  In 
dian  Territory,  he  informed  the  agent  that  he  was  going 
away  to  live  for  himself  and  take  care  of  himself? 

A.  He  says  he  told  the  agent   several   times  he 


100  THE  PONCA  CHIEFS. 

wanted  to  go,  and  asked  him  to  help  us  get  away  to 
our  own  lands.  He  says  he  told  him  he  was  comiug 
away  to  try  and  save  the  rest  of  his  family  and  find 
some  place  where  he  could  work  and  make  a  living. 

Q.  Ask  him  when  he  left  the  Indian  Territory, 
whether  he  intended  to  go  back  to  their  former  reserva 
tion  in  Dakota  Territory,  or  did  they  intend  to  go  to  tho 
Omaha  reservation? 

A.  He  says  he  wanted  to  go  on  his  own  land, 
that  had  always  been  his  own  land;  that  he  never 
sold  it,  and  that  is  where  he  wanted  to  go  to;  that 
his  son  when  he  died  made  him  promise  if  ever  he 
went  back  there  that  he  would  take  his  bones  there 
and  bury  him,  and  that  he  has  got  his  bones  in  a  box, 
and  that  if  ever  he  goes  there  he  will  bury  his  bones 
there;  that  there  is  where  he  wants  to  live  the  rest  of 
his  life,  and  that  there  is  where  he  wants  to  be  buried. 

Q-  Ask  him  if  he  wants  to  live  in  the  same  manner 
in  which  he  lived  when  in  the  Dakota  reservation? 

A.  He  says  he  might  go  there  and  worli  until  he 
was  blind,  but  that  would  not  change  his  color;  that 
he  would  be  an  Indian  in  color,  but  he  wants  to  go 
and  work  and  become  a  citizen. 

Q.  Ask  him  if  he  wants  to  live  as  the  Omaha  Indians 
live  on  the  Omaha  reservation? 

[Objected  to  by  counsel  for  the  relators  as  being  too 
indefinite.  Sustained.] 

Mr.  Lambertson — What  I  desire  to  ask  him  is,  at  tho 
time  he  came  away,  if  he  intended  to  continue  in  the 
same  pursuits  as  when  he  was  arrested,  to  adopt  the 
same  habits  and  customs  as  the  Omaha  Indians. 

[Objected  to  same  as  before.] 

The  Court — He  may  answer. 


STANDING  BEAR'S  APPEAL.          1Q1 

A.  He  says  that  before  he  was  brought  down  hero  he 
didn't  know  hardly  what  to  do — whether  to  remain  with 
the  Omahas,  or  to  go  up  to  his  old  reservation ;  tha^; 
the  Omahas  wanted  him  to  stay  there.  They  said  they 
hed  better  all  stay  there  and  farm  this  summer,  and 
then  go  up  this  fall ;  that  if  they  went  up  there  now 
they  would  have  a  hard  time  to  get  along,  and  if  they 
staid  there  this  summer  they  would  heip  them  so  they 
could  have  a  good  start  after  they  got  to  their  old  res 
ervation. 

Q.  Ask  him  whether  during  the  time  he  was  at  the 
Omaha  reservation  the  government  issued  him  and  his 
band  rations  or  provisions? 

A.  He  says  the  agent  issued  rations  to  his  band  once. 
He  don't  know  whether  they  were  issued  from  the  gov 
ernment  or  were  bought.  It  was  issued  only  once. 
(The  interpreter  adds  that  he  was  the  person  who 
weighed  out  the  rations  the  time  referred  to.) 

With  this  the  testimony  closed ,  the  relators  resting 
their  case  at  this  point,  and  no  testimony  whatever 
being  introduced  on  behalf  of  the  government. 


102  THE  PONCA  CHIEFS. 


CHAPTER  IX. 

WHAT    THE     ATTORNEYS     HAD     TO    SAT    TO    THE 
COURT. 

At  the  conclusion  of  the  testimony  of  Stand 
ing  Bear,  the  government  having  no  evidence 
to  offer,  the  argument  for  the  Indians  was 
opened  by  Hon.  J.  L.  Webster.  He  first  on- 
quired,  after  a  brief  recital  of  the  wrongs  and 
cruelties  which  had  so  long  been  practised  upon 
the  Indians,  how  the  government  of  the 
United  States  got  titles  to  land,  and  said  titles 
come  in  three  ways — first  by  discovery;  second 
by  conquest;  third  by  purchase. 

He  maintained  that  the  government  could 
not  claim  title  to  this  land  by  discovery.  The 
landing  of  white  men  upon  the  eastern  shore 
of  this  continent  could  not  give  a  title  to  the 
little  piece  of  land  on  which  the  Poncas  then 
resided  at  the  mouth  of  the  Niobrara  river.  A 
title  by  discovery  did  not  give  a  fee  simple  to 
the  soil,  if  it  was  occupied,  but  only  political 
control. 


SUMMING  UP.  103 


The  government  of  the  United  States  could 
never  acquire  a  title  by  conquest,  for  it  had 
never  been  at  war  with  the  Ponca  tribe.  These 
two  peoples  had  always  been  on  the  most 
friendly  terms.  The  government  had  never 
purchased  the  land,  and,  therefore,  the  title 
to  it  still  remained  in  the  Poncas.  Mr.  Web 
ster  then  discussed  the  questions  relating 
to  Indian  tribes  as  separate  nations,  the 
effect  of  the  fourteenth  amendment  to  the 
Constitution,  citizenship  of  Indians,  the  use 
of  the  army  in  their  control,  and  made  a 
thorough  and  able  review  of  the  whole  prob 
lem,  claiming  that  there  was  no  law  for  the  re 
moval  of  the  Poncas  to  the  Indian  Territory, 
or  for  keeping  them  there  by  force,  or  for  re 
turning  those  who  had  escaped,  and  asked 
the  absolute  discharge  of  Standing  Bear  and 
his  party. 

Mr.  Webster,  who  occupied  about  six  hours 
in  the  delivery  of  his  argument,  was  followed 
by  the  Government  Attorney,  Hon.  G.  M.  Lam- 
bertson,  who  opened  his  argument  with  a  very 
high  commendation  of  the  course  of  Messrs. 
Poppleton  and  Webster  in  volunteering  their 
services,  without  the  hope  of  reward,  in  defence 
of  those  helpless  Indians.  He  claimed  that 
Standing  Bear  was  not  entitled  to  the  protec- 


104  THE  PONCA  CHIEFS. 

tion  of  the  writ  of  habeas  corpus,  not  being  a 
person  or  citizen  under  the  law.  His  argument 
occupied  about  five  hours,  and  was  very  ingen 
ious  and  eloquent. 

lion.  A.  J.  Poppleton  followed  in  a  very 
powerful  argument.  He  traced  the  history  of 
the  writ  of  habeas  corpus  from  its  origin,  and 
claimed  that  it  applied  to  every  human  being. 
He  appealed  on  the  behalf  of  these  Indians  as 
men,  and  showed  that  the  position  taken  by 
the  government  counsel  undermined  the  very 
foundations  of  human  liberty.  His  argument 
consumed  about  four  hours. 

Judge  Dundy  then  allowed  Standing  Bear 
to  address  the  court  on  his  own  behalf.  The 
court  room  was  at  this  time  filled  with  leading 
citizens  of  the  State,  prominent  officers  of  the 
army  and  their  wives.  Standing  Bear's  speech 
made  a  profound  impression  on  all  who  heard 
it.  He  claimed  that,  although  his  skin  was  of 
a  different  hu£,  yet  he  was  a  man,  and  that 
God  made  him.  He  said  he  was  not  a  savage, 
and  related  how  he  had  saved  the  life  of  a 
soldier  whom  he  had  found  on  the  plains, 
starved,  and  almost  frozen  to  death,  and  of  a 
man  who  had  lost  his  way  on  the  trackless 
"prairie,  whom  he  had  fed  and  guided  to  his 
destination.  In  spite  of  the  orders  of  the 


SUMMING  UP.  105 


court  and  the  efforts  of  the  bailiffs,  he  was 
greeted  with  continual  rounds  of  applause.  At 
the  conclusion  of  his  speech,  court  adjourned, 
and  the  judge  took  several  days  to  consider 
the  matter. 


106  THE  PONCA  CHIEFS. 


CHAPTER  X. 

STANDING   BEAR  RELEASED — DECISION  OF  JUDGE 
ELMER  S.   DTJNDY. 

"United  States  ex    rel.   Standing  Bear,  vs.  George 

Crook,  a  Brigadier-General  of  the  Army  of  the  U.  S. 

Before  Elmer  S.  Dundy,  U.  S.  District  Judge  for 

Nebraska.     Habeas  corpus. 

"An  Indian  is  a  person  within  the  meaning  of  the 
habeas  corpus  act,  and  as  such  is  entitled  to  sue  out 
a  writ  of  habeas  corpus  in  the  federal  courts,  when  it 
is  shown  that  the  petitioner  is  deprived  of  liberty 
undercolor  of  authority  of  the  United  States,  or  is  in 
custody  of  an  officer  in  violation  of  the  constitution, 
or  a  law  of  the  United  States,  or  in  violation  of  a 
treaty  made  in  pursuance  thereof. 

"The  right  of  expatriation  is  a  natural,  inherent,  and 
inalienable  right,  and  extends  to  the  Indian  as  well  as 
to  the  more  fortunate  white  race. 

"The  Commissioner  of  Indian  Affairs  has  ample  au 
thority  for  removing  from  an  Indian  reservation  all 
persons  found  thereon  without  authority  of  law,  or 
whose  presence  may  be  detrimental  to  the  peace  and 
welfare  of  the  Indians. 

"The  military  power  of  the  government  may  be  em 
ployed  to  effect  sucTi  removal.  But  when  the  removal 


STANDING  BEAR  RELEASED.          1Q7 

is  effected,  it  is  the  duty  of  the  troops  to  convey  the 
persons  so  removed  by  the  most  convenient  and  safe 
route,  to  the  civil  authorities  of  the  judicial  district  in 
•which  the  offence  may  be  committed,  to  be  proceeded 
agains^in  due  course  of  law. 

"In  time  of  peace  no  authority,  civil  or  military,  ex 
ists  for  transporting  Indians  from  one  section  of  the 
country  to  another,  without  the  consent  of  the  Indians, 
nor  to  confine  them  to  any  particular  reservation 
against  their  will,  and  where  officers  of  the  govern 
ment  attempt  to  do  this,  and  arrest  and  hold  Indians 
who  are  at  peace  with  the  government,  for  the  pur 
pose  of  removing  them  to,  and  confining  them  on,  a 
reservation  in  the  Indian  Territory,  they  will  be 
released  on  habeas  corpus. 

A.  J.  POPPLETON  and 
JNO.  L.  WEBSTER, 

For  the  Relators. 
G.  M.  LAMBERTSON,  U.  S.  Atty. 

For  the  Government. 

The  facts  are  fully  stated  in  the  opinion  of 

the  court. 

"DUNDY,  JUDGE. 

"During  the  fifteen  years  in  which  I  have  been  en 
gaged  in  administering  the  laws  of  my  country,  I  have 
never  been  called  upon  to  hear  or  decide  a  case  that 
appealed  so  strongly  to  my  sympathy  as  the  one  now 
under  consideration.  On  the  one  side  we  have  a  few 
of  the  remnants  of  a  .once  numerous  and  powerful, 
but  now  weak,  insignificant,  unlettered  and  generally 
despised  race.  On  the  other,  we  have  the  representa 
tive  of  one  of  the  most  powerful,  most  enlightened, 


108  THE  PONCA  CHIEFS. 

and  most  christianized  nations  of  modern  times.  On 
the  one  side  we  have  the  representatives  of  this 
wasted  race  coming  into  this  national  tribunal  of  ours 
asking  for  justice  and  liberty  to  enable  them  to  adopt 
our  boasted  civilization  and  to  pursue  the  arts  of 
peace,  which  have  made  us  great  and  happy  as  a  na 
tion.  On  the  other  side  we  have  this  magnificent,  if 
not  magnanimous,  government,  resisting  this  applica 
tion  with  the  determination  of  sending  these  people 
back  to  the  country  which  is  to  them  less  desirable 
than  perpetual  imprisonment  in  their  own  native  land. 
But  I  think  it  is  creditable  to  the  heart  and  mind  of  the 
brave  and  distinguished  officer  who  is  made  respond 
ent  herein,  to  say  that  he  has  no  sort  of  sympathy  in 
the  business  in  which  he  is  forced  by  his  position  to 
bear  a  part  so  conspicuous.  And  so  far  as  I  am  indi 
vidually  concerned,  I  think  it  not  improper  to  say  that 
if  the  strongest  possible  sympathy  could  give  the  relators 
title  to  freedom,  they  would  have  been  restored  to 
liberty  the  moment  the  arguments  in  their  behalf 
were  closed.  No  examination  of  further  thought 
would  then  have  been  necessary  or  expedient.  But 
in  a  country  where  liberty  is  regulated  by  law,  some 
thing  more  satisfactory  and  enduring  than  mere  sym 
pathy  must  furnish  and  constitute  the  rule  and  basis 
of  judicial  action.  It  follows  that  this  case  must  be 
examined  and  decided  on  principles  of  law,  and  that 
unless  the  relators  are  entitled  to  their  discharge  under 
the  constitution  or  laws  of  the  United  States,  or  some 
treaty  made  in  pursuance  thereto,  they  must  be  remand 
ed  to  the  custody  of  the  officer  who  caused  their  arrest, 
to  be  returned  to  the  Indian  Territory,  which  they 
left  without  the  consent  of  the  government. 


STANDING  BEAR  RELEASED.          109 

"  On  the  8th  of  April,  1879,  the  relators,  Standing 
Bear  and  twenty-five  others,  during  the  session  of  the 
court  held  at  that  time  at  Lincoln,  presented  their  pe 
tition,  duly  verified,  praying  for  the  allowance  of  a 
writ  of  habeas  corpus,  and  their  final  discharge  from 
custody  thereunder. 

"  The  petition  alleges  in  substance  that  the  relators 
are  Indians  who  have  formerly  belonged  to  thePonca 
tribe  of  Indians,  now  located  in  the  Indian  Territory; 
that  they  had  some  time  previously  withdrawn  from 
the  tribe  and  completely  severed  their  tribal  relations 
therewith,  and  had  adopted  the  general  habits  of  the 
whites,  and  were  then  endeavoring  to  maintain  them 
selves  by  their  own  exertions,  and  without  aid  or  as 
sistance  from  the  general  government  ;  that  whilst  they 
were  thus  engaged,  and  without  being  guilty  of  violat 
ing  any  of  the  laws  of  the  United  States,  they  were  ar 
rested  and  restrained  of  their  liberty,  by  order  of  the 
respondent,  George  Crook. 

"The  writ  was  issued  and  served  on  the  respondent  on 
the  8th  day  of  April,  and  the  distance  between  the  place 
where  the  writ  was  made  returnable  and  the  place 
where  the  relators  were  confined  being  more  than 
twenty  miles,  ten  days  were  allotted  in  which  to  make 
return. 

"On  the  18th  of  April  the  writ  was  returned,  and  the 
authority  for  the  arrest  and  detention  is  therein  shown. 
The  substance  of  the  return  to  the  writ,  and  the  addi 
tional  statement  since  filed,  is  that  the  relators  are  in 
dividual  members  of,  and  connected  with  the  Ponca 
tribe  of  Indians;  that  they  had  fled  or  escaped  from  a 
reservation  situated  some  place  within  the  limits  of  the 
Indian  Territory;  had  departed  therefrom  without  per- 


HO  THE  PONCA  CHIEFS. 

mission  from  the  government,  and  at  the  request  of  the 
Secretary  of  the  Interior  the  General  of  the  army  had 
issued  an  order  which  required  the  respondent  to  ar- 
restftmd  return  the  rclators  to  their  tribe  in  the  Indian 
Territory,  and  that  pursuant  to  the  said  order,  he  had 
caused  the  relators  to  be  arrested  on  the  Omaha  Indian 
reservation,  and  that  they  were  in  his  custody  for  the 
purpose  of  being  returned  to  the  Indian  Territory. 

"  It  is  claimed  upon  the  one  side,  and  denied  upon  the 
other,  that  the  relators  had  withdrawn,  and  severed  for 
all  time,  their  connection  with  the  tribe  to  which  they 
belonged.  And  upon  this  point  alone  was  there  any 
testimony  produced  by  either  party  hereto.  The  other 
matters  stated  in  the  petition,  and  the  return  to  the 
writ,  are  conceded  to  be  true,  so  that  the  questions  to 
be  determined  are  purely  questions  of  law. 

"On  the  8th  of  March,  1859,  a  treaty  was  made  by  the 
United  States  with  the  Ponca  tribe  of  Indians,  by  which 
a  certain  tract  of  country  north  of  the  Niobrara  river, 
and  west  of  the  Missouri  was  set  apart  for  the  perma 
nent  home  of  the  said  Indians,  in  which  the  govern 
ment  agreed  to  protect  them  during  their  good  behav 
ior.  But  just  when,  or  how,  or  why,  or  under  what 
circumstances  the  Indians  left  their  reservation  in  Da 
kota  and  went  to  the  Indian  Territory  does  not  appear. 

JUEISDICTIOX    OF  COURT. 

"  The  district  attorney  very  earnestly  questions  the 
jurisdiction  of  the  court  to  issue  the  writ  and  to  hear 
and  determine  the  case  made  herein;  and  has  supported 
his  theory  with  an  argument  of  great  ingenuity  and 
much  ability.  But  nevertheless,  I  am  of  the  opinion 


STANDING  BEAR  RELEASED. 


that  his  premises  were  erroneous,  and  his  conclusions 
therefore  wrong  and  unjust.  The  great  respect  I  en 
tertain  for  that  officer,  and  the  very  able  manner  in 
which  his'views  were  presented,  make  it  necessary  for 
me  to  give  somewhat  at  length  the  reasons  which  lead 
me  to  this  conclusion. 

"  The  district  attorney  discussed  at  length  the  reas 
ons  which  led  to  the  origin  of  the  writ  of  habeas  corpus, 
and  the  character  of,  and  proceedings  and  practice  in 
connection  therewith  in  tie  parent  country.  It  was 
claimed  that  the  laws  of  the  realm  limited  the  right  to 
sue  out  this  writ  to  the  free  subjects  of  the  kingdom 
and  that  none  others  came  within  the  benefit  of  such 
beneficent  laws.  And  reasoning  from  analogy,  it  is 
claimed  that  none  but  American  citizens  are  entitled  to 
sue  out  this  high  prerogative  writ  in  any  of  the  federal 
courts.  I  have  not  examined  the  English  laws  regu 
lating  the  suing  out  of  the  writ,  nor  have  I  ihought  it 
necessary  so  to  do.  Of  this  I  will  only  observe  tfcat  if 
the  laws  of  England  are  as  they  are  claimed  to  be,  they 
will  appear  at  a  disadvantage  when  compared  with  our 
own.  This  only  proves  that  the  laws  of  a  limited  mon 
archy  are  sometimes  less  wise  and  humane  than  the 
laws  of  our  own  good  republic  —  that  whilst  the  Parlia 
ment  of  Great  Britain  was  legislating  in  behalf  of  the 
favored  few,  the  Congress  of  the  United  States  was 
legislating  in  behalf  of  all  mankind  who  come  within 
our  jurisdiction. 

"  Section  751  of  the  '  Revised  Statutes'  declares  that 
'  the  supreme  court  and  the  circuit  and  district  courts 
shall  have  power  to  issue  writs  of  habeas  corpus.' 
Section  752  confers  the  power  to  issue  writs  on  tho 
judges  of  said  courts  within  their  jurisdiction,  and  de- 


112  THE  PONCA  CHIEFS. 

clares  this  to  be  '  for  the  purpose  of  inquiry  into  the 
cause  of  restraint  of  liberty.'  Section  753  restricts  the 
power,  limits  the  jurisdiction,  and  defines  the  cases 
where  the  writ  may  properly  issue.  That  inky  be  done 
under  this  section  where  the  prisoner  '  is  in  custody 
under  or  by  color  of  authority  of  the  United  States,  * 
*  *  or  is  in  custody  for  an  act  done  or  omitted  in 
pursuance  of  a  law  of  the  United  States,  *  *  *  or 
in  custody  in  violation  of  the  constitution  or  of  a  law 
or  treaty  of  the  United  States.'  Thus  it  will  be  seen 
that  when  a  person  is  in  custody  or  deprived  of  his 
liberty,  under  color  of  authority  of  the  United  States, 
or  in  violation  of  the  constitution  or  laws  or  treaties 
of  the  United  States,  the  federal  judges  have  j  urisdiction, 
and  the  writ  can  properly  issue.  I  take  it  that  the  true 
construction  to  be  placed  upon  this  act  is  this:  That 
in  all  cases  where  federal  officers,  civil  or  military, 
have  the  custody  and  control  of  a  person,  claimed  to 
be  unlawfully  restrained  of  liberty,  that  they  are  then 
restrained  of  liberty  under  color  of  authority  of  the 
United  States,  the  federal  courts  can  properly  proceed 
to  determine  the  question  of  unlawful  restraint  because 
no  other  courts  can  properly  do  so.  In  the  other  in 
stance,  the  federal  courts  and  judges  can  properly  is 
sue  the  writ  in  all  cases  where  the  person  is  alleged  to 
be  in  custody  in  violation  of  the  constitution  or  a  law 
or  treaty  of  the  United  States.  In  such  a  case  it  is 
wholly  immaterial  what  officer,  state  or  federal,  has 
custody  of  the  person  seeking  the  relief.  These  re- 
lators  may  be  entitled  to  the  writ  in  either  case.  Under 
the  first  paragraph  they  certainly  are,  that  is,  if  an 
Indian  can  be  entitled  to  it  at  all,  because  they  are  in 
custody  of  a  federal  officer  under  color  of  authority  of 


STANDING  BEAR  RELEASED.          H3 

the  United  States,  and  they  may  be  entitled  to  the  writ 
under  the  other  paragraph  before  recited,  for  the  reason, 
as  they  allege,  tha,t  they  are  restrained  of  liberty  in  vio 
lation  of  a  provision  of  their  treaty  before  referred  to. 
Now,  it  must  be  borne  in  mind  that  the  habeas  corpus 
act  describes  applicants  for  the  writ  as  'persons'  or 
'parties,'  who  may  be  entitled  thereto.  It  nowhere 
describes  them  as  citizens,  nor  is  citizenship  in  any 
way  or  place  made  a  qualification  for  sueing  out  the 
writ,  and  in  the  absence  of  express  provision  or  necesary 
implication,  which  would  require  the  interpretation 
contended  for  by  the  district  attorney,  I  should  not 
feel  justified  in  giving  the  words  person  and  party  such" 
a  narrow  construction.  The  most  natural,  and  there 
fore  most  reasonable  way,  is  to  attach  the  same  mean 
ing  to  -words  and  phrases  when  found  in  a  statute  that 
is  attached  to  them  when  and  where  found  in  general 
use.  If  we  do  so  in  this  instance,  then  the  question 
cannot  be  open  to  serious  doubt.  Webster  describes 
a  person  as  'a  living  soul:  a  self  conscious  being;  a 
moral  agent;  especially  a  living  human  being;  a 
man,  woman  or  child;  an  individual  of  the  human 
race.'  This  is  comprehensive  enough,  it  would 
seem,  to  include  even  an 'Indian.  In  describing  and 
defining  generic  terms,  the  first  section  of  the  revised 
statutes  declares  that  the  word  person  includes  co-part 
nerships  and  corporations.  On  the  whole  it  seems  to 
me  quite  evident  that  the  comprehensive  language 
used  in  this  section  is  intended  to  apply  to  all  mankind, 
ns  well  tlie  relators  a?  the  more  favored  white  race. 
This  will  be  doing  no  violence  to  language,  nor  to  the 
spirit  or  letter  of  the  law,  nor  to  the  intention,  as  it  is 
believed,  of  the  law-making  power  of  the  government. 


114  THE  PONCA  CHIEFS. 

"I  must  liold,  then,  that  Indians,  and  consequently 
the  relators,  are  persons,  such  as  are  described  by  and 
included  within  the  laws  before  quoted.  It  is  said, 
however,  that  this  is  the  first  instance  on  record  in 
which  an  Indian  has  beeji  permitted  to  sue  out  and 
maintain  a  writ  of  habeas  corpus  in  a  federal  court,  and 
therefore,  the  court  must  be  without  jurisdiction  in  the 
premises.  This  is  a  non  sequitur.  I  confess  I  do  not 
know  of  another  instance  where  this  has  been  done,  but 
I  can  also  say  that  the  occasion  for  it  perhaps  has  never 
before  been  so  great.  It  may  be  that  the  Indians  think 
it  wiser  and  better  in  the  end  to  resort  to  this  peaceful 
•process  than  it  would  be  to  undertake  the  hopeless  task 
of  redressing  their  own  alleged  wrongs  by  force  of 
arms.  Returning  reason,  and  the  sad  experience  of 
others  similarly  situated,  has  taught  them  the  folly 
and  madness  of  the  arbitrament  of  the  sword.  They 
can  readily  see  that  any  serious  resistance  on  their  part 
would  be  the  signal  for  their  utter  extermination.  Have 
they  not  then  chosen  the  wiser  part,  by  resort  ing  to  the 
very  tribunal  erected  by  those  they  claim  have  wronged 
and  oppressed  them?  This,  however,  is  not  the  tribunal 
of  their  own  choice,  but  it  is  the  only  one  into  which 
they  can  lawfully  go  for  deliverance.  It  cannot  there 
fore  be  fairly  said  that  because  no  Indian  ever  before 
invoked  the  aid  of  this  writ  in  a  federal  court,  that  the 
rightful  authority  to  issue  it  does  not  exist.  Power 
and  authority  rightfully  conferred  does  not  necessarily 
cease  to  exist  in  consequence  of  long  non-nser.  Though 
much  time  has  elapsed,  and  many  generations  have 
passed  away  since  the  passage  of  the  original  habeas 
corpus  act  from  which  I  have  quoted,  it  will  not  do  to 
say  that  these  Indians  cannot  avail  themselves  of  its 


STANDING  BEAR  RELEASED.          H5 

beneficent  provisions  simply  because    none  of  their 
ancestors  ever  sought  relief  thereunder. 

"  Every  person  who  comes  within  our  jurisdiction, 
whether  he  be  European,  Asiatic,  African,  or  'native 
to  the  manor  born,'  must  obey  the  laws  of  the  United 
States.     Every  one  who  violates  them  incurs  the  penalty 
provided  thereby.     When  a  person  is  charged,  in  a 
proper  way,  with  the  commission  of  crime,  we  do  not 
inquire  upon  the  trial  in  what  country  the  accused 
was  born,  nor  to  what  sovereign  or  government  alle 
giance  is  due,  nor  to  what  race  he  belongs.     The  ques 
tions  of  guilt  and  innocence  only  form  the  subjects  of 
inquiry.     An  Indian  then,  especially  off  from  his  res-* 
eryation,  is  amenable  to  the  criminal  laws  of  the  United 
States  the  same  as  all  other  persons.     They  being  sub 
ject  to  arrest  for  the  violation  of  our  criminal  laws 
and  being  Arsons  such  as  the  law  contemplates  and  in 
cludes  in  the  description  of  parties  who  may  sue  out 
the  writ,  it  would,  indeed,  be  a  sad  commentary  on  the 
justice  and  impartiality  of  our  laws,  to  hold  that  In 
dians,  though  natives  of  our  own  country,  cannot  test 
the  validity  of  an  alleged  illegal  imprisonment  in  this 
manner,  as  well  as  a  subject  of  a  foreign  government 
who  may  happen  to  be  sojourning  in  this  country  but 
owing  it  no  sort  of  allegiance.     I  cannot  doubt  that 
Congress  intended  to  give  to  every  person  who  might  be 
unlawfully  restrained  of  liberty  undercolor  of  authority 
of  the  United  States  the  right  to  the  writ  and  a  discharge 
thereon.     I  conclude  then,  that  so  far  as  the  issuing  of 
the  writ  is  concerned,  it  was  properly  issued,  and  that 
the  relators  are  within  the  jurisdiction  conferred  by  the 
habeas  corpus  act. 
"  A  question  of  much  greater  importance  remains  for 


116  THE  PONCA  CHIEFS. 

consideration,  which,  when  determined,  will  be  decisive 
of  this  whole  controversy.  This  relates  to  the  right  of 
the  government  to  arrest  and  Hold  the  relators  for  a  time 
for  the  purpose  of  being  returned  to  a  point  in  the  In 
dian  Territory,  from  which  it  is  alleged  the  Indians  es 
caped.  I  am  not  vain  enough  to  think  that  I  can  do  full 
justice  to  a  question  like  the  one  under  consideration. 
But  as  the  matter  furnishes  so  much  valuable  material 
for  discussion,  and  so  much  food  for  reflection,  I  shall 
try  to  present  it  as  viewed  from  my  own  stand-point, 
without  reference  to  consequences  or  criticisms  which, 
though  not  specially  invited,  will  be  sure  to  follow. 

"  A  review  of  the  policy  of  the  government  adopted 
in  its  dealing  with  the  friendly  tribe  of  Poncas,  to 
which  thejelators  at  one  time  belonged,  seems  not 
only  appropriate,  but  almost  indispensable  to  a  correct 
understanding  of  this  controversy.  The  Ponca  In 
dians  have  been  at  peace  with  the  government,  and 
Lave  remained  the  steadfast  friends  of  the  whites  for 
many  years.  They  lived  peaceably  upon  the  land  and 
in  the  country  they  claimed  arid  called  their  own. 

"  On  the  12th  of  March,  1858,  they  made  a  treaty  with 
the  United  States  by  which  they  cedecl  all  claims  to 
lands  except  the  following  tract:  'Beginning  at  a 
point  on  the  NiObrara  river  and  running  due  north  so 
as  to  intersect  the  Ponca  river  twenty  five  miles  from  its 
mouth,  thence  from  said  point  of  intersection  up  and 
along  tbe  Ponca  river  twenty  miles,  thence  due  south 
to  the  Niobrara  river,  and  thence  down  and  along  said 
river  to  the  place  of  beginning,  which  tract  is  hereby 
reserved  for  the  future  homes  of  said  Indians.'  In 
consideration  of  this  cession  the  government  agreed  '  to 
protect  the  Poncas  in  the  possession  of  the  tract  of  land 


STANDING  BEAR  RELEASED.         H7 

reserved  for  their  future  homes,  and  their  persons  and 
property  thereon,  during  good  behavior  on  their  part.' 
Annuities  were  to  be  paid  them  for  thirty  years,  houses 
•were  to  be  built,  and  schools  were  to  be  established, 
and  other  things  were  to  be  done  by  the  government  in 
consideration  of  said  cession.  (See  page  997,  12,  Stat. 
at  large.)  On  the  10th  of  March,  1865,  another  treaty 
was  made,  and  a  part  of  the  other  reservation  was 
ceded  to  the  government.  Other  lands,  however,  were, 
to  some  extent,  substituted  therefor,  and  '  by  way  of 
rewarding  them  for  their  constant  fidelity  to  the  gov 
ernment  and  citizens  thereof,  and  with  a  view  of  re 
turning  to  the  said  tribe  of  Ponca  Indians  their  old 
burying  grounds  and  corn  fields.'  This  treaty  also 
provides  for  paying  $15,080  for  spoliations  committed 
on  the  Indians. 

"  (See  page  675,  14  vol.,  Stat.  at  large.) 

"  On  the  29th  day  of  April,  1868,  the  government  made 
a  treaty  with  the  several  bands  of  Sioux  Indians,  which 
treaty  was  ratified  by  the  Senate  on  the  16th  of  the  fol 
lowing  February,  in  and  by  which  the  reservations 
set  apart  for  the  Poncas  under  the  former  treaties  were 
completely  absolved.  (15  Statutes  at  large,  page  635.) 
This  was  done  without  consultation  with,  or  knowledge 
or  consent  on  the  part  of,  the  Ponca  tribe  of  Indians. 
"  On  the  15th  of  August,  1876,  Congress  passed  the 
general  Indian  approproation  bill,  and  in  it  we  find  a 
provision  authorizing  the  Secretary  of  the  Interior  to 
use  $25,000  for  the  removal  of  the  Poncas  to  the  In 
dian  Territory,  and  providing  them  a  home  therein, 
with  consent  of  the  tribe.  (See  page  192,  19  vol., 
Statues  at  large.) 
"In  the  Indian  appropriation  bill  passed  by  Congress 


118  THE  PONCA  CHIEFS. 

on  the  27th  day  of  May,  1878,  we  find  a  provision  au 
thorizing  the  Secretary  of  the  Interior  to  expend  the 
sum  of  $30,000  for  the  purpose  of  removing  and  locat 
ing  the  Ponca  Indians  on  a  new  reservation  near  the 
Kaw  river. 

"No  reference  has  been  made  to  any  other  treaties  or 
laws,  under  which  the  right  to  arrest  and  remove  tho 
Indians  is  claimed  to  exist. 

"  The  Poncas  lived  upon  their  reservation  in  Southern 
Dakota  and  cultivated  a  portion  of  the  same  until  two 
or  three  years  ago,  when  they  removed  therefrom,  but 
whether  by  force  or  otherwise,  does  not  appear.  At 
all  events,  we  find  a  portion  of  them,  including  the 
relators,  located  at  some  point  in  the  Indian  Territory. 
There,  the  testimony  seems  to  show,  is  where  the 
trouble  commenced.  Standing  Bear,  the  principal  wit 
ness,  states  that  out  of  710  Indians  who  went  from  the 
reservation  in  Dakota  to  the  Indian  Territory  158  died 
within  a  year  or  so,  and  a  great  proportion  of  the  others 
were  sick  and  disabled,  caused  in  a  great  measure,  no 
doubt,  from  change  of  climate,  and  to  save  himself 
and  the  survivors  of  his  wasted  family,  and  the  feeble 
remnant  of  his  little  band  of  followers,  he  determined 
to  leave  the  Indian  Territory  and  return  to  his  old  home, 
where,  to  use  his  own  language,  '  he  might  live  and 
die  in  peace,  and  be  buried  with  his  fathers.'  He  also 
states  that  he  informed  the  agent  of  their  final  purpose 
to  leave,  never  to  return,  and  that  he  and  his  followers 
had  finally,  fully,  and  forever  severed  his  and  their 
connection  with  the  Ponca  tribe  of  Indians,  and  had 
resolved  to  disband  as  a  tribe,  or  band,  of  Indians,  and 
to  cut  loose  from  the  government,  go  to  work,  become 
self-sustaining,  and  adopt  the  habits  and  customs  of  a 


STANDING  BEAR  RELEASED.         H9 

higher  civilization.  To  accomplish  what  would  seem 
to  be  a  desirable  and  laudable  purpose,  all  who  were 
able  so  to  do  went  to  work  to  earn  a  living.  The 
Omaha  Indians,  who  speak  the  same  language,  and 
with  whom  many  of  the  Poncas  have  long  since  con 
tinued  to  intermarry,  gave  them  employment  and 
ground  to  cultivate  so  as  to  make  them  self-sustaining. 
And  it  was  when  at  the  Omaha  reservation,  and  when 
thus  employed,  that  they  were  arrested  by  order  of  the 
government  for  the  purpose  of  being  taken  back  to  the 
Indian  Territory.  They  claim  to  be  unable  to  see  the 
justice,  or  reason,  or  wisdom,  or  necessity  of  removing 
them  by  force  from  their  own  native  plains  and  blood 
relations  to  a  far  off  country  in  which  they  can  see  little 
but  new  made  graves  opening  for  their  reception.  The 
land  from  which  they  fled  in  fear  has  no  attractions  for 
them.  The  love  of  home  and  native  land  was  strong 
enough  in  the  minds  of  these  people  to  induce  them  to 
brave  every  peril  to  return  and  live  and  die  where  they 
had  been  reared.  The  bones  of  the  dead  son  of  Stand 
ing  Bear  were  not  to  repose  in  the  land  they  hoped  to 
be  leaving  forever,  but  were  carefully  preserved  and 
protected,  and  formed  a  part  of  what  was  to  them  a 
melancholy  procession  homeward.  Such  instances  of 
parental  affection,  and  such  love  of  home  and  native 
land  may  be  heathen  in  origin,  but  it  seems  to  me  that 
they  are  not  unlike  cliristian  in  principle. 

"What  is  here  stated  in  this  connection  is  mainly 
for  the  purpose  of  showing  that  the  relators  did  all 
they  could  to  separate  themselves  from  their  tribe,  and 
to  sever  their  tribal  relations,  for  the  purpose  of  be 
coming  self-sustaining,  and  living  without  support 
from,  the  government.  This  being  so,  presents  the 


120  THE  PONCA  CHIEFS. 

question  as  to  whether  or  not  an  Indian  can  withdraw 
from  his  tribe,  sever  his  tribal  relation  therewith,  and 
terminate  his  allegiance  thereto,  for  the  purpose  of  mak 
ing  an  independent  living,  and  adopting  our  own  civili 
zation. 

"  If  Indian  tribes  are  to  be  regarded  and  treated  as 
separate  but  dependent  nations,  there  can  be  no  serious 
difficulty  about  the  question.  If  they  are  not  to  be 
regarded  and  treated  as  separate,  dependent  nations, 
then  no  allegiance  is  owing  from  an  individual  Indian 
to  his  tribe,  and  he  could,  therefore,  withdraw  there 
from  at  any  time.  The  question  of  expatriation  has 
engaged  the  attention  of  our  government  from  the 
time  of  its  very  foundation.  Many  heated  discussions 
have  been  carried  on  between  our  own  and  foreign 
governments  on  this  great  question,  until  diplomacy 
has  triumphantly  secured  the  right  to  every  person 
found  within  our  jurisdiction.  This  right  has  always 
been  claimed  and  admitted  by  our  government,  and  it 
is  now  no  longer  an  open  question.  It  can  make  but 
little  difference  then  whether  we  accord  to  the  Indian 
tribes  a  national  character  or  not,  as  in  either  case  I 
think  the  individual  Indian  possesses  the  clear  and 
God-given  right  to  withdraw  from  his  tribe  and  for 
ever  live  away  from  it,  as  though  it  had  no  further 
existence.  If  the  right  of  expatriation  was  open  to 
doubt  in  this  country  down  to  the  year  1868,  certainly 
since  that  time  no  sort  of  question  as  to  the  right  can 
now  exist.  On  the  27th  of  July,  of  that  year,  Con 
gress  passed  an  act,  now  appearing  as  sec.  1,999  of 
the  revised  statutes,  which  declares  that: 

"  '  Whereas,  the  right  of  expatriation  is  a  natural  and 
inherent  right  of  all  people,  indisputable  to  the  enjoy- 


STANDING  BEAR  RELEASED. 


ment  of  the  rights  of  life,  liberty,  and  the  pursuit  of 
happiness;  and,  whereas,  in  the  recognition  of  this 
principle  the  government  has  freely  received  emigrants 
from  all  nations,  and  invested  them  with  the  rights 
of  citizenship.  *  *  *  *  Therefore  any  declaration, 
instruction,  opinion,  order,  or  decision  of  any  officer  of 
the  United  States  which  denies,  restricts,  impairs,  or 
questions  the  right  of  expatriation,  is  declared  incon 
sistent  with  the  fundamental  principles  of  the  republic.' 
This  declaration  must  forever  settle  the  question  until 
it  is  re-opened  by  other  legislation  upon  the  same  sub 
ject.  This  is,  however,  only  re-affirming  in  the  most 
solemn  and  authoritative  manner  a  principle  well  set 
tled  and  understood  in  this  country  for  many  years  past. 

"In  most,  if  not  all,  instances  in  which  treaties  have 
been  made  with  the  several  Indian  tribes,  where  re 
servations  have  been  set  apart  for  their  occupancy, 
the  government  has  either  reserved  the  right  or  bound 
itself  to  protect  the  Indians  thereon.  Many  of  the 
treaties  expressly  prohibit  white  persons  being  on  the 
reservations  unless  especially  authorized  by  the  treat 
ies  or  acts  of  Congress  for  the  purpose  of  carrying  out 
treaty  stipulations. 

"Laws  passed  for  the  government  of  the  Indian 
country,  and  for  the  purpose  of  regulating  trade  and 
intercourse  with  the  Indian  tribes,  confer  upon  cer 
tain  officers  of  the  government  almost  unlimited  power 
over  the  persons  who  go  upon  the  reservations  with 
out  lawful  authority.  Sec.  2,149  of  the  revised  statutes, 
authorizes  and  requires  the  Commissioner  of  Indian 
Affairs,  with  the  approval  of  the  Secretary  of  the  In 
terior,  to  remove  from  any  *  tribal  reservation'  any 
person  being  thereon  without  authority  of  law,  or 


122  THE  PONCA  CHIEFS. 

whose  presence  \vitliin  the  limits  of  the  reservation 
may,  in  the  judgment  of  the  Commissioner,  be  detri 
mental  to  the  peace  and  welfare  of  the  Indians;  the  au 
thority  here  conferred  upon  the  Commissioner  fully 
justifies  him  in  causing  to  be  removed  from  Indian 
reservations  all  persons  thereon  in  violation  of  law,  or 
whose  presence  thereon  may  be  detrimental  to  the 
peace  and  welfare  of  the  Indians  upon  the  reserva 
tions.  This  applies  as  well  to  an  Indian  as  to  a  white 
person,  and  manifestly  for  the  same  reason,  the  object 
of  the  law  being  to  prevent  unwarranted  interference 
between  the  Indians  and  the  agent  representing  the 
government.  Whether  such  an  extensive  discretion 
ary  power  is  wisely  vested  in  the  Commissioner  of  In 
dian  Affairs  or  not,  need  not  be  questioned.  It  is 
enough  to  know  that  the  power  rightfully  exists,  and 
where  existing,  the  exercise  of  the  power  must  be  up 
held.  If,  then,  the  Commissioner  has  the  right  to 
cause  the  expulsion  from  the  Omaha  Indian  reserva 
tion  of  all  persons  thereon  who  are  there  in  violation 
of  law,  or  whose  presence  may  be  detrimental  to  the 
peace  and  welfare  of  the  Indian,  then  he  must  of  ne 
cessity  be  authorized  to  use  the  necessary  force  to 
accomplish  his  purpose.  Where,  then,  is  he  to  look 
for  this  necessary  force?  The  military  arm  of  the 
government  is  the  most  natural  and  most  potent  force 
to  be  used  on  such  occasions,  and  sec.  2,150  of  the  re 
vised  statutes  especially  authorizes  the  use  of  the  army 
for  this  service.  The  army,  then,  it  seems,  is  the 
proper  force  to  employ  when  intruders  and  trespassers 
who  go  upon  the  reservations  are  to  be  ejected  there 
from. 

"  The  first  sub-division  of  the  revised  statutes  last 


STANDING  BEAK  RELEASED.         123 

referred  to  provides  that  'the  military  forces  of  the 
United  States  may  be  employed  in  such  manner,  and 
under  such  regulations  as  the  president  may  direct: 

"  'First — In  the  apprehension  of  every  person  who 
may  be  in  the  Indian  country  in  violation  of  law,  and 
in  conveying  him  immediately  from  the  Indian  coun 
try,  by  the  nearest  conveyance  and  safe  route,  to  the 
civil  authority  of  the  Territory  or  judicial  district  in 
which  such  person  shall  be  found,  to  be  proceeded 
against  in  due  course  of  law.'  *  *  *  This  is  the 
authority  under  which  the  military  can  be  lawfully 
employed  to  remove  intruders  from  an  Indian  reserva 
tion.  What  may  be  done  by  the  troops  in  such  cases 
is  here  fully  and  clearly  stated,  and  it  is  this  authority, 
it  is  believed,  under  which  the  respondent  acted. 

"All  Indian  reservations  held  under  treaty  stipula 
tions  with  the  government  must  be  deemed,  and  taken 
to  be  part  of  the  Indian  country,  within  the  meaning  of 
our  laws  on  that  subject.  The  relators  were  found 
upon  the  Omaha  Indian  reservation,  that  being  a  part 
of  the  Indian  country,  and  not  being  a  part  of  the 
Omaha  tribe  of  Indians,  they  were  there  without  law 
ful  authority,  and  if  the  Commissioner  of  Indian  Affairs 
deemed  their  presence  detrimental  to  the  peace  and 
welfare  of  the  Omaha  Indians,  he  had  lawful  warrant 
to  remove  them  from  the  reservation,  and  to  employ 
the  necessary  military  force  to  effect  this  object  in 
safety.  General  Crook  had  the  rightful  authority  to 
remove  the  relators  from  the  reservation,  nnd  muct 
stand  justified  in  removing  them  therefrom.  But  when 
the  troops  are  thus  employed  they  must  exercise  the 
authority  in  the  manner  provided  by  the  section  of  the 
law  just  read.  This  law  makes  it  the  duty  of  the 


124  THE  PONCA  CHIEFS. 

troops  to  convey  the  parties  arrested  by  the  nearest 
convenient  and  safe  route  to  the  civil  authority  of  the 
Territory  or  judicial  district  in  which  such  person  shall  be 
found,  to  be  proceeded  against  in  due  course  of  law.  The 
duty  of  the  military  authorities  is  here  very  clearly  and 
sharply  defined,  and  no  one  can  be  justified  in  depart 
ing  therefrom,  especially  in  time  of  peace.  As  Gen 
eral  Crook  had  the  right  to  arrest  and  remove  the  re- 
lators  from  the  Omaha  Indian  reservation,  it  follows 
from  what  has  been  stated  that  the  law  re  quired  him 
to  convey  them  to  this  city,  and  turn  them  over  to  the 
marshal  and  United  States  attorney,  to  be  proceeded 
against  in  due  course  of  law.  Then  proceedings  could 
be  instituted  against  them  in  either  the  circuit  or  dis 
trict  court,  and  if  the  relators  had  incurred  a  penalty 
under  the  law,  punishment  would  follow.  Otherwise 
they  would  be  discharged  from  custody.  But  this 
course  was  not  pursued  in  this  case,  neither  was  it  in 
tended  to  observe  the  laws  in  that  regard,  for  General 
Crook's  orders,  emanating  from  higher  authority,  ex 
pressly  required  him  to  apprehend  the  relators,  and 
remove  them  by  force  to  the  Indian  Territory,  from 
which  it  is  alleged  they  escaped.  But  in  what  General 
Crook  has  done  in  the  premises  no  fault  can  be  im 
puted  to  him.  He  was  simply  obeying  the  orders  of 
his  superior  officers  as  a  good  soldier  ought  to  do,  but 
the  orders,  as  we  think,  lack  the  necessary  authority 
of  law,  and  are,  therefore,  not  binding  on  the  relators. 
"I  think  I  have  shown  pretty  clearly  the  rightful 
authority  vested  in  the  Commissioner  of  Indian  Affairs 
in  cases  like  the  one  under  consideration — that  he  may 
call  on  the  troops  to  assist  in  carrying  out  his  lawful 
orders,  and  just  how  and  for  what  purpose  the  author- 


STANDING  BEAR  RELEASED.          125 

ity  is  vested  in  him  to  remove  trespassers  and  intru 
ders  from  the  Indian  country. 

I  have  searched  in  vain  for  the  semblance  of  any  au 
thority  justifying  the  Commissioner  in  attempting  to 
remove  by  force  any  Indians,  whether  belonging  to  a 
tribe  or  not,  to  any  place,  or  for  any  other  purpose 
than  what  has  been  stated.  Certainly,  without  some 
specific  authority  found  in  an  act  of  Congress,  or  in  a 
treaty  with  the  Ponca  tribe  of  Indians,  he  could  not 
lawfully  force  the  relators  back  to  the  Indian  Territory 
to  remain  and  die  in  that  country  against  their  will.  In 
the  absence  of  all  treaty  stipulations  or  laws  of  the 
United  States  authorizing  such  removal,  I  must  con 
clude  that  no  such  arbitrary  authority  exists.  It  is 
true,  if  the  relators  are  to  be  regarded  as  a  part  of  the 
great  nation  of  Ponca  Indians,  the  government  might, 
in  time  of  war,  remove  them  to  any  place  of  safety  so 
long  as  the  war  should  last,  but  perhaps  no  longer  un 
less  they  were  charged  with  the  commission  of  some 
crime.  This  is  a  war  power  merely,  and  exists  in  time 
of  war  only.  Every  nation  exercises  the  right  to  ar 
rest  and  detain  an  alien  euQjny,  during  the  existence  of 
a  war,  and  all  subjects  or  citizens  of  the  hostile  nations 
are  subject  to  be  dealt  with  under  this  rule.  But  it  is 
not  claimed  that  the  Ponca  tribe  of  Indians  are  at  war 
with  the  United  States  so  that  this  war  power  might 
be  used  against  them.  In  fact  they  are  amongst  the 
most  peaceable  and  friendly  of  all  the  Indian  tribes,  and 
have  at  times  received  from  the  government  unmistaka 
ble  and  substantial  recognition  of  their  long  continued 
friendship  for  the  whites.  In  time  of  peace  the  war 
power  remains  in  abeyance,  and  must  be  subservient  to 
the  civil  authority  of  the  government  until  something 


126  THE  PONCA  CHIEFS. 

occurs  to  justify  its  exercise.  No  fact  exists,  and  noth 
ing  has  occurred,  so  far  as  the  Delators  are  concerned, 
to  make  it  necessary  or  lawful  to  exercise  such  an  au- 
thorit3r  over  them.  If  they  could  be  removed  to  the 
Indian  Territory  by  force,  and  kept  there  in  the  same 
wa}r,  I  can  see  no  good  reason  why  they  might  not  be 
taken  and  kept  by  force  in  the  penitentiaiy  at  Lincoln, 
or  Leavenworth,  or  Jefferson  City,  or  any  other  place 
which  the  commander  of  the  forces  might,  in  his  judg 
ment,  see  proper  to  designate.  I  cannot  think,  and 
will  not  believe,  that  any  such  arbitrary  authority  ex 
ists  in  this  country,  and  until  the  highest  judicial 
tribunal  in  this  land  shall  otherwise  determine,  I  shall 
not  be  convinced  that  my  conclusions  are  erroneous. 

"I  have  not  thought  it  necessary  to  consider  tho 
question  of  citizenship  so  ably  presented  on  both  sides, 
and  therefore  express  no  opinion  thereon. 

"  The  reasoning  advanced  in  support  of  my  views, 
leads  me  to  conclude  : 

"First.  That  an  Indian  is  a  PERSON  within  the  mean 
ing  of  the  laws  of  the  United  States,  and  has  therefore 
the  right  to  sue  out  a  writ  of  habeas  corpus  in  a  federal 
court  or  before  a  federal  judge,  in  all  cases  where  he 
may  be  confined,  or  in  custody  under  color  of  authority 
of  the  United  States,  or  where  he  is  restrained  of  lib 
erty  in  violation  of  the  constitution  or  laws  of  the  Uni 
ted  States. 

"  Second.  That  General  George  Crook, the  respondent, 
being  the  commander  of  the  military  department  of 
the  Platte,  has  the  custody  of  the  relators  under  color 
of  authority  of  the  United  States,  and  in  violation  of 
the  laws  thereof. 

"  Third.  That  no  rightful  authority  exists  for  remov-. 


STANDING  BEAR  RELEASED.    127 

ing  by  force  any  of  the  relators  to  the  Indian  Territory, 
as  the  respondent  lias  been  directed'to  do. 

"  Fourth.  That  the  Indians  possess  the  inherent  right 
of  expatriation  as  well  as  the  more  fortunate  white 
race,  and  have  the  inalienable  right  to  '  life,  liberty  and 
the  pursuit  of  happiness,'  so  long  as  they  obey  the  laws 
and  do  not  trespass  on  forbidden  ground.  And 

"Fifth.  Being  restrained  of  liberty  under  color  of 
authority  of  the  United  States,  and  in  violation  of  the 
laws  thereof,  the  relators  must  be  discharged  from  cus 
tody,  and  it  is  so  ordered." 


128  THE  PONCA  CHIEFS. 


CHAPTER  XL 

THE  OEDEB  OF  EELEASE STANDING  BEAE?S  FAEE- 

WELL   ADDEESSES. 

A  few  days  after  the  decision,  Gen.  Crook 
received  an  order  from  the  Secretary  of  War 
ordering  the  discharge  of  Standing  Bear  and 
his  companions.  The  day  before  he  was  to 
leave,  the  editor  went  out  to  bid  him  good-bye. 
The  old  chief  said  he  had  something  to  say  that 
he  did  not  wish  anybody  to  hear.  The  editor, 
Standing  Bear  and  the  interpreter  went  out  on 
a  little  hill  to  one  side.  There  he  spoke  as 
follows : 

"  When  I  was  brought  here  a  prisoner,  my  heart  was 
broken.  I  was  in  despair.  I  had  no  friend  in  all  the 
big  world.  Then  you  came.  I  told  you  the  story  of 
my  wrongs.  From  that  time  until  now  you  have  not 
ceased  to  work  for  me.  Sometimes,  in  the  long  days 
while  I  have  been  here  a  prisoner,  I  have  come  out 
here,  and  stood  on  this  hill  and  looked  towards  the  city. 
I  thought  there  is  one  man  there  who  is  writing  or 
speaking  for  me  and  my  people.  I  remember  the  dark 
day  when  you  first  came  to  speak  to  me.  I  know  if  it 


STANDING  BEAR'S  ADDRESSES.       129 

had  not  been  for  what  you  have  done  for  me  I  would 
now  be  a  prisoner  in  the  Indian  Territory,  and  many 
of  these  who  are  with  me  here  would  have  been  in 
their  graves.  It  is  only  the  kind  treatment  they  have 
received  from  the  soldiers,  and  the  medicine  which  the 
army  doctor  has  given  them,  which  has  saved  their 
lives.  I  owe  all  this  to  you.  I  can  never  pay  you 
for  it. 

"I  have  traveled  around  a  good  deal.  I  have  noticed 
that  there  are  many  changes  in  this  world.  You  have 
a  good  house  now  to  live  in.  A  little  while  ago  I  had 
a  house  and  land  and  stock.  Now  I  have  nothing. 
It  may  be  that  some  time  you  may  have  trouble.  You 
might  lose  your  Louse.  If  you  ever  want  a  home 
come  to  me  or  my  tribe.  You  shall  never  want  as 
long  as  we  have  anything.  All  the  tribe  in  the  Indian 
Territory  will  soon  know  what  you  have  done. 
While  there  is  one  Ponca  alive  you  will  never  be 
without  a  friend.  Mr.  Poppleton  and  Mr.  Webster 
are  my  friends.  You  are  my  brother." 

The  old  chief  then  led  the  way  to  his  lodge, 
and  opening  a  trunk,  he  took  out  a  war-bonnet, 
a  tomahawk,  and  a  pair  of  beaded  buckskin 
leggings.  He  said,  "These  leggings  are  for  you, 
the  tomahawk  for  Mr.  Webster,  and  the  war- 
bonnet  for  Mr.  Poppleton.  I  wish  you  to  take 
them  and  tell  them  I  sent  them  to  them." 

The  editor  suggested  that  he  should  go 
down  to  the  city  and  present  them  himself, which 
he  consented  to  do.  The  following  is  the  ac- 


130  THE  PONCA  CHIEFS. 

count  of  the  presentation,   published   at   the 
time  in  the  daily  papers: 

The  decision  of  Judge  Dundy,  releasing  Standing 
Bear  and  his  band  to  civilization  went  into  effect  on 
Monday,  May  19th,  1879,  and  they  forthwith  took  their 
departure  for  the  locality  which  they  have  selected  on 
United  States  territory.  On  Sunday,  the  now  liberated 
chief  visited  the  city,  and  called  at  Hie  residences  of 
Hon.  J.  L.  Webster,  and  Hon.  A.  J.  Poppleton,  to 
whose  vindication  in  the  courts  he  owes  his  enfran 
chisement,  to  express  his  gratitude  by  word  and  by  deed. 
Out  of  the  poverty  of  his  wordly  possessions  he  gave 
such  visible  token  of  his  appreciation  as  he  could, 
•while  out  of  the  wealth  of  his  human  soul,  and  out  of 
the  fulness  of  his  manly  heart,  he  uttered  sentiments 
and  expressed  purposes  which  distinguish  him  as  a 
chief  among  ten  thousand,  and  as  a  character — dark 
though  his  skin  may  be,  "  altogether  lovely."  He  first 
visited  the  residence  of  Mr.  Webster,  and  to  that  gen 
tleman  he  presented  his  tomahawk,  bearing  his 
name.  After  shaking  hands  with  all  present,  begin 
ning  with  the  ladies,  to  whom  he  said  he  wished  first 
to  pay  respect,  he  said,  addressing  Gen.  Webster: 

STANDING    BEAR   TO    WEBSTER. 

"  You  and  I  are  here.  Our  skins  are  of  a  different 
color,  but  God  made  us  both.  A  little  while  ago,  when 
I  was  young,  I  was  wild.  I  knew  nothing  of  the  ways 
of  the  white  people. 

"  I  see  you  have  nice  houses  here.  1  look  at  these 
beautiful  rooms ;  I  would  like  to  have  a  house  too,  and 


STANDING  BEAR'S  ADDRESSES.       131 

it  may  be  after  a  while  that  I  can  get  one,  but  not  so 
nice  a  house  as  this.  That  is  what  I  want  to  do. 

"  For  a  great  many  years — a  hundred  years  or  more 
— the  white  men  have  been  driving  us  out.  They  :ire 
shrewd,  sharp  and  know  how  to  cheat;  but  since  I 
have  been  here  I  have  found  them  different.  They 
have  all  treated  me  kindly.  I  am  very  thankful  for  it. 

"Hitherto,  when  we  have  been  wronged  we  went  to 
war  to  assert  our  rights  and  avenge  our  wrongs.  We 
took  the  tomahawk.  We  had  no  law  to  punish  those 
who  did  wrong;  so  we  took  our  tomahawks  and  went 
to  kill.  If  they  had  guns  and  could  kill  us  first  it  was 
the  fate  of  war. 

"  But  you  have  found  a  better  way.  You  have  gone 
into  the  court  for  us,  and  I  find  that  our  wrongs  can 
be  righted  there.  Now  I  have  no  more  use  for  Hie  toma 
hawk.  1  want  to  lay  it  down  forever." 

Uttering  these  words  with  eloquent  impressiveness, 
the  old  chief  stooping  down,  placed  the  tomahawk  on 
the  floor  at  his  feet — then  standing  erect  he  folded  his 
arms  with  native  dignity  and  continued: 

"Hay  it  down;  I  have  no  more  use  for  it;  Iliave 
found  a  better  way." 

Stooping  again  and  taking  up  the  weapon  he  placed 
it  in  Mr.  Webster's  hands  and  said: 

"  I  present  it  to  you  as  a  token  of  my  gratitude.  I 
want  you  to  keep  it  in  remembrance  of  this  great  vic 
tory  which  you  have  gained.  1  have  no  further  use 
for  it;  1  can  now  seek  the  ways  of  peace." 


"  STANDING  BEAK,— I  rejoice  to  know  that  you  and 


132  THE  PONCA  CHIEFS. 

those  who  are  with  you  desire  to  become  civilized, 
and  like  the  white  people  of  America.  We  know  that 
for  the  last  hundred  years  your  tribe  has  always  been 
the  friend  and  protector  of  the  white  people.  The 
ways  of  the  whites  may  seem  to  you  to  be  difficult, 
and  hard  to  learn.  Our  ancestors  were  born  white, 
while  yours  were  born  red;  but  a  thousand  years  ago, 
when  they  inhabited  the  central  and  northern  portions 
of  Europe,  they  followed  the  same  manner  of  life  that 
you  have  led.  We  have  progressed  slowly  from  that 
time  until  we  are  now  as  you  see  us.  I  think  it  is  the 
duty  of  the  government  and  all  the  people  to  aid  the 
friendly  and  peaceful  Indians  in  every  way  possible  to 
acquire  the  arts  of  civilization. 

"When  the  whites  landed  on  these  shores,  they 
found  heve  at  least  four  millions  of  your  people,  and 
now  you  are  reduced  to  250,000,  and  we  have  ab 
sorbed  nearly  all  your  lands.  I  think  it  a  duty  we 
owe  to  humanity  and  to  God  to  extend  to  your  people 
the  benefit  and  protection  of  our  laws.  What  I  have 
done  to  relieve  you  from  imprisonment  and  captivity 
in  the  Indian  Territory — where,  if  you  had  returned 
your  whole  band  would  have  been  exterminated — 
was  from  principle,  and  as  a  matter  of  justice.  I 
shall  continue  to  fight  your  battles  as  long  as  it  is 
necessary  to  give  you  the  protection  of  the  laws,  and  I 
rejoice  to  know  that  you  have  come  to  believe  the 
tomahawk  is  of  no  further  service  to  you,  and  that 
you  have  resolved  to  seek  the  ways  of  peace.  I  ac 
cept  the  weapon  from  your  hands,  and  shall  preserve 
it  through  the  years  to  come,  in  memovy  of  the  effort  I 
have  made  to  prevent  the  extermination  of  your  peo 
ple.  What  I  have  done  has  been  a  labor  of  pleasure. 


STANDING  BEAR  RELEASED.         133 

I  hope  you  and  those  who  are  with  you  will  live  to 
become  happy  and  prosperous,  and  that  any  habits  of 
wild  life  which  may  still  cling  to  you  may  drop  off  as 
the  blighted  fruit  falls  from  the  trees  when  shaken  by 
the  winds,  and  that  ere  long  I  may  hear  that  you  are 
surrounded  with  all  the  comforts  and  blessings  of  civ 
ilized  life." 

Leaving  Mr.  Webster's  residence,  Standing  Bear 
visited  Mr.  Poppleton's  rooms.  He  informed  Mr. 
Poppleton  that  he  was  about  to  leave  for  the  north,  and 
he  thought  he  would  call  and  bid  him  good-bye. 

STANDING  BEAR  TO  POPPLETON. 

He  said:  "I  believe  I  told  you  in  the  court  room 
that  God  made  me  and  that  I  was  a  man. 

"For  many  years  we  have  been  chased  about  as  a 
dog  chases  a  wild  beast.  God  sent  you  to  help  me.  I 
thank  you  for  what  you  have  done. 

"I  want  to  get  my  land  back.  That  is  what  I  long 
for  all  the  time.  I  wish  to  live  there  and  be  buried 
with  my  fathers. 

"  When  you  were  speaking  in  the  court  room  of  course 
I  could  not  understand,  but  I  could  sec  that  you  were 
trying  very  hard  to  release  me.  I  think  you  are  doing 
for  me  and  my  people  something,  that  never  has  been 
done  before. 

"  If  I  had  to  pay  you  for  it,  I  could  never  get  enough 
to  do  it.  I  have  here  a  relic  which  has  come  down  to  my 
people  through  a  great  many  generations.  I  do  not 
know  how  old  it  is;  it  may  be  two  or  three  hundred 
years  old.  I  desire  to  present  it  to  you  for  what  you 
have  done  for  me." 


134  THE  PONCA  CHIEFS. 

Mr.  Poppleton,  accepting  the  gift,  said  to  Standing 
Bear  that  he  was  more  than  repaid  for  what  he  may 
have  done,  in  the  satisfaction  he  felt  in  having  rescued 
him  and  his  people,  and  secured  their  rights  to  them; 
and  his  satisfaction  would  be  all  the  deeper  should 
they  succeed  in  maintaining  themselves  in  their  new 
relations  and  achieving  the  arts  and  the  freedom  and 
peace  of  civilized  life. 

The  keepsake  given  by  the  chief  to  the  great  attorney 
is  a  rare  gift,  being  esteemed  the  most  sacred,  as  it  is 
the  most  venerable  object  in  the  possession  of  the 
tribe.  It  resembles  a  wig,  and  was  worn  by  the  head 
chief  at  their  most  weighty  councils.  Curiosity-hun 
ters  have  often  sought  to  secure  it  at  any  price  in 
money,  but  he  has  to  one  and  all  said  that  money  could 
not  buy  it.  Among  occasions  on  which  it  has  been 
worn  was  that  of  the  first  treaty — in  1817,  we  believe — 
made  between  the  Poncas  and  the  government  of  the 
United  States.  Standing  Bear,  who  is  himself  sixty 
years  of  age,  informed  us  that  when  he  was  a  little 
boy  his  father  told  him  that  no  one  in  the  tribe  knew 
how  old  it  was,  and  that  it  had  come  into  their  posses 
sion  in  generations  long  past. 


THE  PONCA  CHIEFS.  135 


APPENDIX 


SHORTLY  after  the  habeas  corpus  case  was 
brought  in  Omaha,  to  secure  the  release  of 
Standing  Bear  and  his  associates,  Bright  Eyes, 
and  her  father,  Iron  Eye,  head  chief  for  some 
years  of  the  Omaha  tribe,  were  sent  to  the  In 
dian  Territory  to  ascertain  the  condition  of 
the  remainder  of  the  Ponca  tribe,  who  were 
still  held  as  prisoners  in  that  land.  While 
there,  Ke-tha-ska  (White  Eagle),  head  chief 
of  the  tribe,  dictated  a  letter  to  the  people  of 
the  United  States,  which  has  been  pronounced 
by  Rev.  Joseph  Cook  to  be,  in  many  passages, 
as  eloquent  as  the  historic  speech  of  Logan.  The 
letter  is  very  long.  The  following  are  the 
closing  paragraphs: 

"  He  had  related  at  great  length  the  dealings  of  the 
chiefs  with  the  agents  of  the  government  who  came  to 
remove  them  from  their  lands  in  Dakota,  and  had 
come  to  the  point  where  the  last  peremptory  order  for 
their  departure  had  been  given : — 


136  THE  PONCA  CHIEFS. 

THE    STORY    OF   WHITE   EAGLE. 

"We  then  separated,  and  calling  all  the  men  of  our 
tribe  together,  I  said  to  them,  '  My  people,  we,  your 
chiefs,  have  worked  hard  to  save  you  from  this.  We 
have  resisted  until  we  are  worn  out,  and  now  we  know 
not  what  more  we  can  do.  We  leave  the  matter  into 
your  hands  to  decide.  If  you  say  that  we  fight  and 
die  on  our  lands,  so  be  it.'  There  was  utter  silence. 
Not  a  word  more  was  spoken.  We  all  arose  and  started 
for  our  homes,  and  there  we  found  that  in  our  absence 
the  soldiers  had  collected  all  our  women  and  children 
together,  and  were  standing  guard  over  them.  The 
soldiers  got  on  their  horses,  went  to  all  the  houses, 
broke  open  our  doors,  took  our  household  utensils,  put 
them  in  their  wagons,  and,  pointing  their  bayonets  at 
our  people,  ordered  them  to  move.  They  took  all  our 
plows,  mowers,  hayforks,  grindstones,  farming  imple 
ments  of  all  kinds,  and  everything  too  heavy  to  be 
taken  on  a  journey,  and  locked  them  up  in  a  large 
house.  We  never  knew  what  became  of  them  after 
wards.  Many  of  these  things  of  which  we  were  robbed 
we  had  bought  with  money  earned  by  the  work  of  our 
hands.  They  promised  us  more  when  we  should  get 
down  here,  but  we  have  never  received  anything  in 
place  of  them. 

"We  left  in  our  own  land  two  hundred  and  thirty-six 
houses  which  we  had  built  with  our  own  hands.  We 
cut  the  logs,  hauled  them,  and  built  them  ourselves. 
We  have  now,  in  place  of  them,  six  little  shanties, 
built  for  us  by  the  government.  These  are  one  story 
high,  with  two  doors  and  two  windows.  They  are  full 
of  holes  and  cracks,  and  let  in  the  wind  and  rain.  We 


APPENDIX.  137 


hear  that  our  own  houses  which  we  left  in  Dakota 
have  all  been  pulled  down.  To  show  how  much  tho 
tribe  have  been  robbed  of  we  will  count  the  household 
possessions  of  a  single  one  of  our  families  in  Dakota 
before  we  came  down.  Two  stoves,  one  a  kitchen 
stove  and  the  other  a  parlor  stove,  with  all  the  accom 
panying  utensils,  two  bedsteads,  two  plows  and  one 
double  plow,  one  harrow,  one  spade,  two  hayforks, 
one  hand-saw,  and  one  large  two-handled  saw,  one 
grindstone,  one  hay  rake,  a  cupboard  and  four  chairs. 
We  have  now  no  stoves,  chairs,  or  bedsteads.  We 
have  nothing  but  our  tents,  and  their  contents,  com 
posed  mostly  of  clothing.  The  tribe  owned  two  reap 
ers,  eight  mowers,  a  flour  and  saw  mill.  They  are 
gone  from  us  also.  We  brought  with  us  twenty-five 
yoke  of  oxen.  They  all  died  when  we  got  here,  partly 
from  the  effects  of  the  toiisome  journey,  and  partly  by 
disease.  We  have  not  one  left.  We  brought  with  us 
five  hundred  horses,  and  bought  at  different  times 
after  we  arrived  two  hundred  more.  We  have  now 
been  here  about  two  years,  and  during  that  time  we 
have  lost  over  six  hundred,  mostly  by  death;  some 
were  stolen  by  bad  men.  We  have  now  not  one  hun 
dred  left  of  the  seven  hundred.  Our  horses  died  either 
from  the  effects  of  poisonous  weeds  or  disease.  The 
tribe  numbered  seven  hundred  when  we  started.  Since 
we  have  been  here  over  one  hundred  and  fifty  of  my 
people  have  died. 

"  When  people  lose  what  they  hold  dear  to  them  the 
heart  cries  all  the  time.  I  speak  now  to  you  lawyers 
who  have  helped  Standing  Bear,  and  to  those  of  you 
who  profess  to  be  God's  people.  We  had  thought  that 
there  were  none  to  take  pity  on  us  and  none  to  help 


138  THE  PONCA  CHIEFS 

us.  We  thought  all  the  white  men  hated  us,  but  now 
we  have  seen  you  take  pity  on  Standing  Bear  when 
you  heard  his  story.  It  may  be  that  you  knew  noth 
ing  of  our  wrongs,  and,  therefore,  did  not  help  us.  I 
thank  you  in  the  name  of  our  people  for  what  you 
have  done  for  us  through  your  kindness  to  Standing 
Bear,  and  I  ask  of  you  to  go  still  further  in  your  kind 
ness  and  help  us  to  regain  our  land  and  our  rights. 
You  cannot  bring  our  dead  back  to  life,  but  you  can 
yet  save  the  living.  My  heart  thinks  all  the  time  of 
our  dead.  I  cry  day  and  night  for  the  men,  women, 
and  children  who  have  been  killed  by  this  land.  My 
eyes  were  heavy  with  weeping,  but  when  I  heard  of 
your  kindness  to  some  of  my  people  I  felt  as  if  I  might 
raise  my  head  and  open  my  eyes  to  see  the  coming 
light.  I  want  to  save  the  remainder  of  my  people, 
and  I  look  to  you  for  help.  They  cry  for  their  land, 
and  I  want  to  give  them  back  that  of  which  they  were 
robbed. 

"When  I  went  to  see  the  President,  and  told  him 
how  we  had  been  wronged,  he  said  that  those  who  did 
the  deed  were  gone,  and  it  was  among  the  things  of  the 
past.  I  now  ask  the  President  once  again  through  this 
message,  which  I  send  to  all  the  white  people  of  this 
land,  to  rectify  his  mistake.  When  a  man  desires  to 
do  what  is  right,  he  does  not  say  to  himself,  'It  does 
not  matter/  when  he  commits  a  wrong. 

his 

"  KHE-THA-SKA,  X  (White  Eagle)." 
mark. 

EVIDENCE  FROM  OFFICIAL  RECORDS. 

All  the  statements  of  fact  contained  in  this 


APPENDIX.  139 


book  are  fully  corroborated  by  the  official  re 
ports  of  the  Department  of  the  Interior.  The 
following  extracts  give  a  condensed  history  of 
the  whole  transaction.  It  is  hardly  likely  that 
any  will  be  so  bold  as  to  say  this  evidence  is 
impeachable,  whatever  they  may  say  of  the 
statements  of  the  Indians  themselves. 

WHAT  KIND  OF  INDIANS  ABE  THE  PONCAST 

"The  Poncas  are  good  Indians.  In  mental  endow 
ment,  moral  character,  physical  strength  and  cleanli 
ness  of  person  they  are  superior  to  any  tribe  I  have 
ever  met." — [Report  of  Indian  Commissioner,  1878, 
p.  65.J 

THE    PONCA  TITLE. 

"Article  I.  The  Ponca  tribe  of  Indians  hereby  cede 
and  relinquish  to  the  United  States  all  that  portion  of 
their  present  reservation  as  described  in  the  first  article 
of  the  treaty  of  March  12,  1858,  lying  west  of  the 
range  line  between  townships  numbers  thirty-two  (32) 
and  thirty-three  (33)  north,  ranges  ten  (10)  and  eleven 
(11)  west  of  the  sixth  (6)  principal  meridian,  according 
to  the  Kansas  and  Nebraska  survey,  estimated  to  con 
tain  thirty  thousand  acres,  be  the  same  more  or  less. 

"Article  II.  In  consideration  of  the  cession  or  release 
of  that  portion  of  the  reservation  above  described  by 
the  Ponca  tribe  of  Indians  to  the  government  of  the 
United  States,  the  government  of  the  United  States, 
by  way  of  rewarding  them  for  their  constant,  fidelity 
to  the  government  and  citizens  thereof,  and  with  a 
view  of  returning  to  the  said  tribe  of  Ponca  Indians 


140  THE  PONCA  CHIEFS. 

their  old  burying-grounds  and  corn-fields,  hereby  cede 
and  relinquish  to  the  tribe  of  Ponca  Indians  the  follow 
ing  described  fractional  townships,  to  wit:  (townships 
described  in  treaty).  But  it  is  expressly  understood 
and  agreed  that  the  United  States  shall  not  be  called 
upon  to  satisfy  or  pay  the  claims  of  any  settlers  for 
improvements  upon  the  lands  above  ceded  by  the 
United  States  to  the  Poncas,  but  the  Ponca  tribe  of 
Indians  shall,  out  of  their  own  funds,  and  at  their  own 
expense,  satisfy  said  claimants,  should  any  be  found 
upon  said  lands  above  ceded  by  the  United  States  to 
the  Ponca  tribe  of  Indians." — [United  States  Statutes  at 
large,  vol.  xiv,  page  675.] 

HOW  THE  PONCAS  WERE  REMOVED. 

11  Steps  are  being  taken  for  the  removal  of  the  Poncas 
from  their  present  location  in  Southeastern  Dakota  to 
the  Indian  Territory.  For  this  removal,  conditioned 
on  the  consent  of  the  Poncas,  Congress  at  its  last 
session  appropriated  $25,000."— [Report  of  Indian 
Commissioner,  1876,  pp.  16,  17.] 

DID   THE   PONCAS    CONSENT? 

"The  title  of  the  old  Ponca  reservation  in  Dakota 
still  remains  in  the  Poncas,  they  having  signed  no  pa 
pers  relinquishing  their  title,  nor  having  violated  any 
of  the  provisions  of  the  treaty  by  which  it  was  ceded 
to  them  by  the  government.  These  Indians  claim  that 
the  government  had  no  right  to  remove  them  from 
their  reservation  without  first  obtaining  from  them  by 
treaty  or  purchase  the  title  which  they  have  acquired 
from  the  government,  and  for  which  they  had  rendered 


APPENDIX. 


a  valuable  consideration." — [Report  of  Indian  Commis 
sioner,  1877,  p.  101.] 

"  More  than  three-fourths  of  the  tribe  refused  to 
leave  their  old  reservation  in  Dakota,  stating,  as  re 
ported  to  me,  that  they  preferred  to  remain  and  die  on 
their  native  heath  in  defence  of  their  homes,  and  what 
they  claimed  to  be  their  rights  in  the  land  composing 
the  reservation  on  which  they  were  living,  than  to 
leave  there  and  die  by  disease  in  the  unhealthy  mias 
matic  country  which  they  claimed  had  been  selected 
for  them  in  the  Indian  Territory." — [Report of  Indian 
Commissioner,  1877,  p.  96.] 

FATE   OF   NORTHERN     INDIANS    SENT    TO    INDIAN 
TERRITORY. 

"  The  effect  of  a  radical  change  of  climate  is  disas 
trous,  as  this  (the. Pawnee)  tribe  alone,  in  the  first  two 
years,  lost  by  death  over  800  out  of  its  number  of  2,376. 
The  northern  Cheyennes  have  suffered  severely,  and 
the  Poncas, who  arrived  there  in  July  last,  have  al 
ready  lost  36  by  death,  which,  by  an  ordinary  compu 
tation,  would  be  the  death  rate  for  the  entire  tribe  for 
a  period  of  four  years.  In  this  connection,  I  recom 
mend  the  removal  of  all  the  Indians  in  Colorado  and 
Arizona  to  the  Indian  Territory.  "^[E.  A.  Hayt,  in  In 
dian  Commissioner's  Report,  1877,  pp.  5,  6.] 

WERE   THE  PONCAS  WRONGED? 

"  In  this  removal,  I  am  sorry  to  be  compelled  to  say, 
the  Poncas  were  wronged.  They  gave  up  lands,  houses, 
and  agricultural  implements.  But  the  removal  inflicted 
a  far  greater  injury  upon  the  Poncas,  for  which  no 


142  THE  PONCA  CHIEFS. 

reparation  can  be  made — the  loss  by  death  of  many  of 
their  number  by  change  of  climate." — [Report  of  In 
dian  Commissioner,  1878,  pp.  xxxvi.  and  xxxvii.] 

WHY  IT  WAS   POSSIBLE  TO    COMMIT    THIS   WRONG. 

"  My  predecessors  have  frequently  called  attention  to 
the  startling  fact  that  we  have  within  our  midst  275,000 
people  for  whom  we  provide  no  law. " — [Report  of  In 
dian  Commissioner,  1876,  p.  9.] 

THE  COMMISSIONER'S  CLAIMS  TO  ABSOLUTE  POWEB 
OVER  INDIANS  REGARDLESS  OP  COURTS. 

i 

"  The  Commissioner  of  Indian  Affairs  says  with  refer 
ence  to  the  habeas  corpus  case  at  Omaha,  M'here  a  writ 
was  served  on  General  Crook,  commanding  him  to  show 
cause  why  he  holds  Standing  Bear  and  other  Ponca  In 
dians  as  prisoners,  that  the  United  States  district-at 
torney  has  been  directed  to  appear  for  the  United 
States  and  endeavor  to  have  the  writ  dismissed.  He 
takes  the  ground  that  under  the  law,  and  according  to 
repeated  decisions  of  the  Supreme  Court,  the  Indians 
stand  as  wards  of  the  government,  and  are  under  the 
same  relations  to  the  government  as  minors  to  their 
parents  or  guardians;  that  the  law  forbids  them  to  make 
contracts,  and  such  contracts  if  made  by  them  are  void. 
No  attorney  has  the  right  or  can  appear  for  an  Indiao, 
until  authorized  to  do  so  by  the  Indian  Department." — 
[Associated  Press  telegram,  April  10,  1879.] 


APPENDX.  .         143 


INDIAN  CHARACTERISTICS. 

The  Indians  have  been  so  long  and  so  con 
stantly  misrepresented  by  those  whose  interest 
it  has  been  to  rob  them,  and  have  had  special 
facilities  for  disseminating  falsehoods  concern 
ing  them,  that  it  seems  only  appropriate  to  close 
this  little  volume  with  some  general  statements 
which  are  known  to  be  true  by  all  those  ac 
quainted  with  them. 

In  the  first  place  there  never  was  such  a  thing 
as  a  nomadic  tribe  of  American  Indians.  The 
Indian  is  more  strongly  attached  to  the  spot 
where  is  located  his  village  and  graveyard  than 
any  other  human  being.  They  have  fought  al 
most  to  utter  extermination,  time  and  again,  in 
the  hope  of  retaining  their  lands. 

The  idea  that  an  Indian  is  naturally  blood 
thirsty  and  delights  only  in  torture  and 
cruelty,  is  almost  too  absurd  to  deserve  con 
tradiction.  When  at  peace  there  are  no  more 
generous,  kindly  and  sympathizing  people  on 
the  earth.  It  is,  however,  a  fact  that  when  they 
go  to  war,  they  seek  to  exterminate  their  ene 
mies,  and  in  the  rage  of  battle  seldom  spare  age 
or  sex. 


144  THE  PONCA  CHIEFS. 

It  is  also  a  fact,  which  no  person  desiring 
the  truth  to  be  known  will  question,  that  for 
the  last  fifteen  or  twenty  years,  in  nearly 
every  prominent  council  which  has  been  held 
with  the  western  Indians,  they  have  earnestly 
petitioned  for  schools  and  farming  implements, 
and  many  speeches  are  on  record  in  the  gov 
ernment  reports  protesting  against  the  issue 
of  rations. 

Their  leading  and  most  intelligent  chiefs 
have  said  time  and  again,  that  as  long  as 
rations  and  clothing  were  issued  to  a  people 
they  would  not  work,  and  they  desired  the 
rations  stopped,  and  farming  implements 
issued  and  schools  established  in  their  stead. 
Any  one  can  arrive  at  a  just  conception  of  the 
Indian  who  will  take  for  his  first  premise,  that 
an  Indian  is  a  human  being,  subject  to  like  pas 
sions,  desires  and  ambitions,  and  adopting  the 
same  mode  of  reasoning,  as  the  other  por 
tions  of  the  human  race  would  under  similar 
circumstances. 

The  prominent  traits  of  Indian  character 
are  honesty,  generosity,  gratitude,  attachment 
to  home  and  country,  and  love  of  family  and 
friends.  In  speaking  of  one  of  their  traits  of 
character,  Gen.  George  Crook,  Commander  of 
the  Department  of  the  Platte,  says,  "  The  Indian 


APPENDIX.  145 


in  his  nature  is  in  one  respect  the  opposite  of 
the  Chinaman.  The  latter  is  frugal,  even  to 
abstemiousness,  and  economical  to  the  verge  of 
parsimoniousness;  the  former  frequently  at 
feasts  and  dances  gives  away  the  bulk  of  his 
possessions  to  needy  friends  and  relatives."* 
The  cause  of  all  our  troubles  with  them 

s* 

may  be  summed  up  in  the  words  of  the 
closing  paragraph  of  the  above  letter.  These 
words  should  command  the  attention  of  the 
American  people.  Gen.  Crook  has  been  among 
the  Indians  for  nearly  thirty  years.  He  has 
by  force  of  character  and  honesty  of  purpose 
in  all  his  transactions  risen  from  the  rank  of 
Brevet  Second  Lieutenant  to  that  of  Brigadier- 
General  in  the  Army  of  the  United  States. 
There  is  no  man  in  America  so  well  qualified 
to  speak  upon  the  subject,  and  he  says  of  the 
Indian: 

"  When  his  horses  and  cattle  arc  big  enough 
to  be  of  service,  they  are  driven  off  in  herds 
by  white  renegades;  when  his  wheat  and  corn 
and  vegetables  are  almost  ready  for  the  market, 
his  reservation  is  changed,  and  sometimes,  as 
in  the  case  of  the  Poncas,  he  is  compelled  to 
abandon  everything.  Were  we  to  treat  some 
of  our  foreign  immigrants  in  such  a  manner, 

*  See  letter  in  New  York  Triirune,  Oct.  16th,  1879. 


146 


THE  PONCA  CHIEFS. 


it  would  not  take  long  to  turn  them  into 
prowling  vagabonds,  living  by  robbery  and  as 
sassination." 

Therefore  the  solution  of  the  Indian  prob 
lem  lies  in  these  propositions:  Acknowledge 
their  manhood  and  humanity,  give  them  titles 
in  fee  simple  to  their  lands,  non-transferraMe 
for  say  twenty  years,  that  tlfeir  children  may 
become  accustomed  to  their  new  life;  stop  the 
issue  of  rations,  issue  to  them  farming  imple 
ments,  live  stock  and  seeds;  extend  over  them 
the  common  school  system;  protect  them  from 
wrong  by  the  regular  processes  of  law;  punish 
the  individuals  among  them  who  commit  crime, 
after  fair  trials  in  the  courts,  and  not  hold  the 
tribe  responsible,  make  war  and  kill  innocent 
persons  for  the  crimes  of  others;  abolish  the 
traderships;  let  them  sell  their  products  where 
they  can  get  the  best  prices,  and  buy  where 
they  can  buy  the  cheapest.  Then,  being  equal 
before  the  Jaw,  and  their  lives  and  property 
protected  by  it,  they  will  rapidly*  advance,  and 
the  Indian  Bureau  can  close  its  accounts. 


THE  END. 


OPINION  OF  BOSTON^  MERCHANTS. 


At  a  meeting  held  in  the  Merchants'  Exchange,  November 
25,  1879,  Mr.  Edward  Atkinson  presented  the  following  pre 
amble  and  resolutions,  which  were  unanimonsly  adopted  :  — 

Whereas,  The  Ponca  Indians,  a  civilized  and  peaceful  tribe, 
appear  to  have  been  unlawfully  and  unjustly  deprived  of  their 
lands,  their  houses,  and  their  property,  and  have  been  banished 
from  their  homes,  where  they  were  living  in  peace,  in  quiet, 
in  happiness  and  prosperity,  to  a  distant  land,  unfitted  to  their 
wants  and  unhealthy  in  its  climate ;  and 

Whereas,  This  action  on  the  part  of  our  government  is 
unworthy  of  a  Christian  people,  and  merits  the  reprobation  of 
all  who  love  justice  and  liberty  and  who  hate  oppression  and 
wrong,  it  is  hereby 

Resolved,  That  it  is  the  duty  of  the  government  to  accord  to 
these  Indians  their  just  and  equal  rights,  and  to  restore  to 
them  their  homes  and  property. 

Resolved,  That,  in  the  name  of  humanity  and  the  high  civili 
zation  that  marks  this  age  and  ought  to  characterize  this 
people,  we  protest  against  the  policy  that  has  been  adopted  in 
regard  to  the  treatment  of  the  Indian  tribes  ;  a  treatment  alike 
condemned  by  the  justice  of  God  and  the  laws  and  sentiments 
of  a  Christian  commonwealth. 

Resolved,  That,  while  expressing  our  abhorrence  of  the 
cruelties  to  which  the  Ponca  Indians  have  been  subjected,  im 
mediate  measures  should  be  taken  to  secure  for  them  their 
legal  rights  and  protection  in  their  persons  and  property. 

Resolved,  That  the  Indians  are  persons,  and,  in  accordance 
with  the  fundamental  provisions  of  the  Constitution  of  the 
United  States,  that  no  person  within  their  limits  shall  be 
deprived  of  l|fe,  liberty,  or  property  without  due  process  of 
law,  should  be  recognized  as  such ;  that  they  should  be  amen 
able  to  law,  and  possess  the  rights  that  are  accorded  those  of 
every  nationality,  race,  or  color,  residing  in  our  land. 


All  the  profits  accruing  from  the  sale  of 
this  book  at  public  meetings,  held  in  belialf  of 
the  Indians,  will  be  devoted  to  securing, 
through  the  regular  processes  of  the  courts, 
the  recovery  of  the  lands  taken  by  force  from 
the  Ponca  Indians,  and  to  settling  the  question, 
by  a  decision  of  the  highest  legal  tribunal  of 
the  country,  whether  the  life  and  property  of 
an  Indian  can  be  protected  by  law. 


